Potential Additions to Mediation Rule

ROSTER PROVISIONS

Adapted from ABA Model Mediation Rule for U.S. Bankruptcy Courts

(Niemic was a co-author and has oral permission for use)

Section Numbering is as it is in the ABA Model Mediation Rule:

5.0 MEDIATORS: ROSTER, AND QUALIFICATIONS

5.1 Roster of Mediators

ADRO shall have the authority to establish and maintain a roster of persons (the “Roster”) qualified under this section 5.0 and designated by ADRO to serve as Mediators in the Out-of-ADRO Mediation Program. The ADRO shall have the authority to receive applications for designation to the Roster, maintain the Roster, track and compile reports on the Mediation Program, and otherwise administer the program.

5.2 Application and Certification of Mediators for the Roster.

5.2.1 Application and Qualification Requirements for the Roster.

Each applicant shall submit to the ADRO a statement of professional qualifications, experience, training and other information demonstrating, in the applicant’s opinion, why the applicant should be designated to the Roster. The applicant shall submit the statement in the form attached hereto as Form A. The statement also shall set forth whether the applicant has been removed from any professional organization, or has resigned from any professional organization while an investigation into allegations of professional misconduct was pending, and the circumstances of such removal or resignation. This statement shall constitute an application for designation to the Mediation Program. Each applicant shall certify that the applicant has completed appropriate mediation training or has sufficient experience in the mediation process. Each applicant shall agree to accept at least one pro bono appointment per year. If after serving in a pro bono capacity insufficient Mediation Matters exist to allow for compensation, credit for pro bono service shall be carried into subsequent years in order to qualify the Mediator to receive compensation for providing service as a Mediator.

5.2.2 ADRO Certification to the Roster.

ADRO in its sole and absolute determination on any basis shall grant or deny an application submitted pursuant to subsection 5.2. If ADRO grants the application, the applicant’s name shall be added to the Roster, subject to removal pursuant to subsection 5.4.

5.2.3 Reaffirmation of Qualifications.

Each applicant accepted for designation to the Roster shall reaffirm annually the continued existence and accuracy of the qualifications, statements and representations made in the application.

5.3 Removal from Roster.

A person shall be removed from the Roster either at the person’s request or by ADRO order entered on the sole and absolute determination of ADRO. If removed by ADRO order, the person shall be eligible to file an application for reinstatement after one year.