Note Regarding Use of this Order. The Court from time to time, with the consent of the parties to a dispute, asks an attorney to mediate a dispute without charge to the parties. Alternatively, the parties from time to time may select and agree to compensate a third party to mediate their dispute. The following is a form order that normally would be entered to govern the mediation process. The order may be modified in any particular case. Any party is free to request changes to the standard form of order.

Although the Court does not normally require parties to attend a settlement mediation, the Court may do so in certain cases under a modified form of the standard mediation order.

UNITED STATES BANKRUPTCY COURT

DISTRICT OF NEW MEXICO

In re:

[insert caption]

MEDIATION ORDER

_____________ and ________________ (the "Mediation Parties," and each a "Mediation Party"), have stipulated to the mediation of __________ (the "Dispute") [if applicable, and have approved this order for mediation]. The Court being sufficiently advised, and having determined that entry of this order is appropriate; HEREBY ORDERS:

1.	Appointment of Mediator. _____________ ("Mediator") is appointed as mediator to mediate the Dispute between [if applicable, among] the Mediation Parties. The mediation conducted pursuant to this order is referred to below as the "Mediation."

2.	Mediation Procedures.

(a)	Time and Place of Mediation, and Confidential Mediation Statement. [as applicable: The mediation shall take place at the offices of _________________ [insert address], beginning at [insert time], or such other place and date(s) as the Mediator shall fix after consulting with the counsel for the Mediation Parties [if applicable, and with the self represented Mediation Party/ Mediation Parties]. Upon consultation with counsel for the Mediation Parties [if applicable, and with the self represented Mediation Party/ Mediation Parties], the Mediator shall fix a reasonable time and place for the Mediation.

The Mediator shall have the authority to establish the time for all mediation activities, including joint and private meetings between the Mediator and Mediation Parties during the course of the Mediation. The Mediation Parties shall submit a confidential mediation statement to the Mediator at least five (5) business days prior to the date scheduled for the Mediation. The confidential mediation statement shall include a statement of the facts and issues, the position of the Mediation Party submitting the statement, citation to the principal authorities upon which the Mediation Party relies, citation to the docket numbers of the pleadings that frame the issues, and copies of any documents deemed by the Mediation Party to be critical to resolution of the Dispute. [If applicable, modify the requirement in the case of for self represented mediation parties to cite authorities and to the record.] [If applicable, The confidential mediation statement shall also set forth a candid discussion of the Mediation Party's bargaining strength, bargaining weaknesses, and suggestions for settlement.] The confidential mediation statement may also include such other documents and information the Mediation Party wishes to include.

(b)	Attendance by Persons with Settlement Authority. In addition to counsel [if applicable, if the Mediation Party is not self represented], a representative of each of the Mediation Parties shall attend the mediation conference in person. Such representative must have complete authority to negotiate and settle all disputed issues and amounts.

(c)	The Mediation Procedure, and Good Faith Participation. The Mediator shall have authority to control all procedural aspects of the Mediation, including when the Mediation Parties will meet jointly and/or separately with the Mediator. The Mediator may report to the Court any willful failure to attend or participate in good faith in the mediation process or mediation conference. Such failure may result in the imposition of sanctions by the Court.

3.	Modification of Mediation Procedures. Different or additional requirements or procedures for the Mediation may be agreed upon by the Mediation Parties and Mediator.

4.	Report of Result of the Mediation. After the Mediation concludes, the Mediator will report to chambers staff whether the Mediation resulted in a settlement.

5.	Confidentiality. Any statements made by the Mediator, any of the Mediation Parties, or others during the mediation process shall not be divulged by any of the participants in the Mediation (or their agents) or by the Mediator to the Court or to any third party. Except for an executed settlement agreement, all records, reports, or other documents received or made by a Mediator while serving such capacity shall be confidential and shall not be provided to the Court. The Mediator shall not be compelled to divulge such records, reports, or other documents or to testify in regard to the Mediation in connection with any arbitral, judicial or other proceeding, including any hearing held by this Court. Notwithstanding anything in Federal Rule of Evidence 408 to the contrary, no person may rely on or introduce as evidence in connection with any arbitral, judicial or other proceeding, including any hearing held by this Court, any aspect of the mediation effort, including but not limited to (a) views expressed or suggestions made by any of the Mediation Parties with respect to a possible settlement of the Dispute; (b) admissions made by any of the Mediation Parties in the course of the Meditation and (c) proposals made or views expressed by the Mediator. Nothing in this paragraph, however, precludes a report of (i) whether a settlement was reached or the Mediator from reporting to the Court any failure on the part of one or more of the Mediation Parties to comply with such Mediation Party's obligations under this order; or (ii) if the Mediator concurs that a Mediation Party has failed to comply with obligations under this order, the presentation of information to the Court in connection with a determination of such compliance or noncompliance. Further, nothing in this paragraph makes a document or other information confidential that was received or developed by a Mediation Party without an obligation of confidentiality that relates to the Mediation.

6.	Immunity. The Mediator, as a court appointed mediator, shall be immune from claims arising out of acts or omissions incident to the Mediator's services rendered in connection with the Mediation.

7.	Compliance With Bankruptcy Code and Rules. Nothing in this order shall relieve any of the Mediation Parties or any other party in interest from complying with applicable requirements of the Bankruptcy Code and Federal Rules of Bankruptcy Procedure, such as requirements for obtaining court approval of any compromises of controversies, stipulated stay relief or adequate protection, or sales of property outside the ordinary course of business.

8.	Termination of the Mediation Process. Any of the Mediation Parties may at any time file a motion with the Court to withdraw from the mediation for cause.

9.	Compensation of Mediator. [If applicable, where the Mediation Parties have selected and agreed to compensate a mediator]: The Mediator's compensation shall be on such terms as are satisfactory to the Mediator and the Mediation Parties. The Court hereby approves compensation of the Mediator by the estate of up to $_____________. If the amount to be charged by the Mediator to the estate exceeds $___________, the charges in excess of that amount will be subject to approval of the Court. Unless otherwise agreed by the Mediator in writing or with respect to fees subject to Court approval, the Mediation Parties will pay their respective share of the fees of the Mediator prior to the conclusion of the Mediation [if applicable: with a deposit of $________ from each Mediation Party to be paid to the Mediator with the mediation statement submitted prior commencement of the mediation or by such later date as the Mediator may designate].

____________________________________

United States Bankruptcy Judge

Entered on Docket: _________

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