What is the BDRP?
Per Local Rule 9019-2, the Court maintains a Bankruptcy Dispute Resolution Program to facilitate the resolution of eligible disputes. Detailed below, the process allows its participants access to resolution methods including:
- Early Neutral Evaluation
- Settlement Facilitation
Parties to an eligible dispute may request in writing that the court order the disputed matter be assigned to the BDRP. While participation in the BDRP is voluntary, any judge acting sua sponte or on the request of a party, may designate specific matters for inclusion in the program.
If the court orders a matter be assigned to the BDRP, the parties will be presented with the order and a current roster of the Panel of Resolution Advocates (volunteers who assist in the resolution of referred matters). The parties will then be given the opportunity to confer and designate a mutually acceptable Resolution Advocate as well as an alternate Resolution Advocate. If the parties cannot agree, or if the judge deems selection by the court to be appropriate, the judge will select a Resolution Advocate. The parties submit BDRP Statements to the Resolution Advocate that will:
- Describe the substance of the dispute
- Identify legal or factual issues whose resolution might contribute to settlement
- Identify the discovery that could contribute most to meaningful discussions
- Set forth the history of past settlement discussions
- Meet other requirements defined by Local Rule 9019-2.
The parties will attend a BDRP Conference conducted by the Resolution Advocate. There they will pursue a mutually agreeable solution to the disputed matter(s). When necessary, the Resolution Advocate may conduct continued conferences after the initial session.