Bayard attorney Evan T. Miller was recently certified as a mediator for the United States Bankruptcy Court for the District of Delaware (the “Bankruptcy Court”) and is now included on the Register of Mediators and Arbitrators (the “Register”) maintained by the Bankruptcy Court. In addition to his years of experience participating in mediation on behalf of disputants, Evan completed a mediation training protocol that qualified him for the Register under the Bankruptcy Court’s Local Rules.
Disputes in Delaware cases are often referred to mediation, either by agreement of the parties or by order of the Bankruptcy Court. Local Rule 9019-3, for instance, provides that “[n]otwithstanding any provision of law to the contrary, the Court may refer a dispute pending before it to mediation and, upon consent of the parties, to arbitration;” Likewise, Local Rule 9019-5 states that the Bankruptcy Court “may assign to mediation any dispute arising in an adversary proceeding, contested matter or otherwise in a bankruptcy case.” In addition, there is a Standing Order of Reference to mediation with respect to adversary proceedings brought under 11 U.S.C. § 547.