Correspondence - Non Agenda - Laserfiche WebLink

Home Browse Search

General Order No. 11-10 1 3.9 Limits on hole of Mediator. The panel member has no authority to 2 render a decision or to dictate a settlement. 3 3.10 Immunities. Panel members are performing quasi-judicial functions 4 and are entitled to the inununities and protections that the law accords to persons 5 serving in such capacity. 6 3.11 Disqualification of Mediators. 7 (a) Applicable Standards. No person may serve as a neutral in a 8 case in the Court's ADR Program in violation of: 9 (1) the standards set forth in 28 U.S.C. § 455; or 10 (2) any applicable standard of professional. responsibility or 11 rule of professional conduct; or 12 (3) other guidelines adopted by the Court concerning 13 disqualification of neutrals. 14 (b) Mandatory Disqualification and Notice of Recusal. A 15 prospective neutral who discovers a circumstance requiring disqualification must 16 immediately notify the parties and the ADR.Program Director in writing. The 17 parties may not waive a basis for disqualification that is described in 28 U.S.C. § 18 455(b). 19 (c) Disclosure and Waiver of Non-Alandatory Grounds for 20 Disqualification. If a prospective neutral discovers a circumstance that would not 21 compel disqualification under an applicable standard of professional responsibility 22 or rule of professional conduct or other guideline, or under 28 U.S.C. § 455(b), but 23 that might be covered by 28 U.S.C. § 455(a) (impartiality might reasonably be 24 questioned), the neutral shall promptly disclose that circumstance in writing to all 25 parties and the ADR Program Director. A party who has an objection to the neutral 26 based upon an allegation that the neutral has a conflict of interest must present this 27 objection in writing to the ADR Program Director within 10 calendar days of 28 learning the source of the potential conflict or shall be deemed to have waived 6