Title 7 — Judiciary and Civil Procedure

(a) Any writing produced by the mediator shall not be disclosed to the parties, the public, or anyone other than the mediator, unless all parties to the mediation expressly agree otherwise in writing, or disclosure of the writing is otherwise mandated by court rule, local rule or…

(a) Evidence otherwise admissible or subject to discovery outside of a mediation or a mediation consultation shall not be or become inadmissible or protected from disclosure solely by reason of its introduction or use in a mediation or a mediation consultation. (b) This Section d…

Anything said, any admission made, or any writing that is inadmissible, protected from disclosure, and confidential under this Chapter 43A before a mediation ends, shall remain inadmissible, protected from disclosure, and confidential to the same extent after the mediation ends. …

The mediation proceedings may be terminated as to all parties by any of the following: (a) A written declaration of the mediator or mediators, after consultation with the parties, to the effect that further efforts at mediation are no longer justified, on the date of the declarat…

The mediation proceedings may be terminated as to particular parties by either of the following: (a) A written declaration of a party to the other party and the mediator or mediators, if appointed, to the effect that the mediation proceedings shall be terminated as to that partic…

Subject to any contrary agreement between or among the parties, upon termination of the mediation proceedings, the mediator shall fix the costs of the mediation and give written notice thereof to the parties. As used in this Section, ‘costs’ includes only the following: (a) A rea…

Subject to any contrary agreement between or among the parties, the costs referred to in § 43401 shall be borne equally by the parties. All other expenses incurred by a party shall be borne by that party.

Mediation. (a) Any party to a mediation settlement agreement as described in §§ COL412014 43A301(c) and 43A302(b) above, may enforce that mediation settlement agreement at the Superior Court of Guam by filing a motion for summary judgment without filing a complaint, by serving th…

Exception. No person who has served as mediator may act as an arbitrator or as a representative or counsel of a party in any arbitral or judicial proceedings with respect to a dispute that is the subject of the mediation proceedings. No person who has served as a mediator may be …

If a person subpoenas or otherwise seeks to compel a mediator to testify or produce a writing as defined in § 43A102(d), and the court or other adjudicative body determines that the testimony or writing is inadmissible under this Chapter 43A, or protected from disclosure under th…

Mediation.

Neither the mediator or mediators, the parties, nor their representatives shall be subject to service of process on any civil matter while they are present in Guam for the purpose of arranging for or participating in the mediation pursuant to this Chapter 43A.

(a) A mediator, and those acting pursuant to the order or rules of the mediator as his or her employees or agents, shall not be held liable for any COL412014 action performed or omission made in the course of their official duties undertaken pursuant to this Chapter 43A. (b) The …

In the event that any provision of this Chapter 43A conflicts with the provisions of any other Title, Chapter or Section of the Guam Code Annotated, the provisions of this Chapter 43A shall be controlling.

A person serving as a mediator shall comply with the Ethical and Training Standards for Neutrals adopted by the Supreme Court of Guam pursuant to Section 42A309. ---------- COL412014

(a) The Supreme Court of Guam is authorized to establish and promulgate rules and procedures for mediation for such civil, probate or domestic actions, except custody cases in which the authority is separately provided for, as the Supreme Court of Guam deems appropriate in order …

Court-referred mediation should be accessible to all parties regardless of financial status and the Judicial Council may adopt and levy fees to implement provisions of this Chapter 43B. ----------- COL412014

The provisions of this Part shall be known and may he cited as The Insolvency Law and in accordance with its provisions every insolvent debtor may be permitted to suspend payments or be discharged from his debt and liabilities. SOURCE: CCP 1280. This entire part was enacted in 19…

The Superior Court shall have original jurisdiction in hearing and determining all causes, actions, and proceedings under this Part. COL120106 SOURCE: CCP § 1281. Superior Court inserted in place of Island Court pursuant to P.L. 12-85 and Part in place of Title to conform to the …

Filed. Any debtor who, possessing sufficient property to cover all his debts, be it an individual person, an association, or corporation, foresees the impossibility of meeting them when they respectively fall due, may petition that he be declared by the court in the state of susp…

Debtor. Upon receiving and filing the petition with the schedule and documents mentioned in the next preceding section, the court shall make an order calling a meeting of creditors to take place in not less than two (2) weeks COL120106 nor more than three (3) months from the date…

A copy of said order shall immediately be published by the clerk of the court, in the manner designated therein, for the number of times and in the form prescribed by the court, and the clerk shall cause a copy of said order to be delivered personally or to be sent forthwith by r…

If any execution be pending against the debtor it shall not be consolidated with this proceeding, but the course thereof shall be suspended before sale of property is made thereunder, provided the debtor makes a request therefor to the court before which the proceeding for suspen…

Creditors may be represented at the meeting by one or more lawyers, or by any person duly authorized by power of attorney, which document shall be presented and be attached to the record. Persons appearing for more than one creditor shall have only one personal vote, but the clai…

Only creditors included in the schedule filed by the debtor shall be cited to appear and take part in the meeting mentioned in § 50051, and they shall be notified upon delivery or transmission to them of a copy of the order calling the meeting, to appear at the meeting with the w…

Persons having claims for personal labor, maintenance, expenses of last illness and funeral, of the wife or children of the debtor, incurred in the sixty (60) days immediately preceding the filing of the petition, and the persons having legal or contractual mortgages, may refrain…

The proposed agreement shall be deemed rejected if the number of creditors required for holding a meeting does not voluntarily attend thereat, COL120106 or if the two majorities mentioned in § 50055(e) are not in favor thereof, even if the negative vote itself does not receive su…

If the decision of the meeting be negative as regards the proposed agreement or if no decision is had in default of such number or of such majorities, the proceedings shall be terminated without recourse and the parties concerned shall be at liberty to enforce the rights which ma…

The causes for which objection may be made to the decision of the meeting shall be: COL120106 (a) Defects in the call for the meeting, in the holding thereof, and in the deliberations had thereat which prejudice the rights of the creditors; (b) Fraudulent connivance between one o…

If the debtor fails wholly or in part to perform the agreement decided upon at the meeting of the creditors, all the rights which the creditors had against the debtor before the agreement shall revest in them. In such case the debtor may be made subject to the bankruptcy and inso…

An insolvent debtor, owing debts exceeding in amount the sum of One Thousand Dollars ($1,000.00), may apply to be discharged from his debts and liabilities by petition to the Superior Court, Guam. In his petition he shall set forth his place of residence, the period of his reside…

Said schedule must contain a full and true statement of all his debts and liabilities, together with a list of all those to whom, to the best of his knowledge and belief, said debts or liabilities are due, the places of residence of his creditors and the sum due each, the nature …

The inventory must contain, besides the creditors, an accurate description of all the real and personal property, estate, and effects of the petitioner, including his homestead, if any, together with a statement of the value of each item of said property, estate, and effects and …

The petition, schedule, and inventory must be verified by the affidavit of the petitioner, annexed thereto, and shall be in form substantially as follows: "I, ____________________, do solemnly swear that the schedule and inventory now delivered by me contain a full, correct, and …

Upon receiving and filing said petition, schedule, and inventory, the court shall make an order declaring the petitioner insolvent, and directing a commissioner of a district to take possession of, and safely keep, until the appointment of a receiver or assignee, all the deeds, v…

A copy of the court's order shall immediately be published by the clerk of said court, for the number of times and for such periods as prescribed by the court. A copy of said order shall be delivered personally or sent by the clerk forthwith by registered mail, postage prepaid, t…

An adjudication of insolvency may be made on the petition of two or more creditors, and the amount of which credits or demands are in the aggregate not less than one thousand dollars ($1,000.00); provided, that none of said creditors has become a creditor by assignment, however m…

The said petition shall be accompanied by an undertaking, approved by the court, with at least two (2) sureties, in such penal sum as the court shall direct, conditioned that if the petition in insolvency be dismissed by the court, or withdrawn by the petitioner, or if the debtor…

Upon the filing of such creditors' petition, the court shall issue an order requiring such debtor to show cause, at a time and place to be fixed by said court, why he should not be adjudged an insolvent debtor; and at the same time, or thereafter, upon good cause shown therefor, …

A copy of the petition, with a copy of the order to show cause, shall be served on the debtor' in the same manner as is provided by law for the COL120106 service of summons in civil actions, but such service shall be made at least five (5) days before the time fixed for the heari…

At the time fixed for the hearing of said order to show cause, or at another time to which such hearing may be adjourned, the debtor must answer the petition, or may file motions do dismiss for the same causes as are provided for such motions as in other proceedings. If the motio…

Debtor. Appointment of an Assignee or Receiver. If the respondent shall make default, or if, after trial, the issues are found in favor of the petitioners, the court shall make an order adjudging that said respondent is, and was at the time of filing the petition, an insolvent de…

A copy of the order provided for in the last preceding section shall immediately be published by the clerk of the court in the usual manner for the number of times and as prescribed by the court. Upon the filing, at any time before the date set for such meeting, of the schedule r…

Undertaking Required . In all cases where the debtor resides out of Guam; or has departed from Guam; or cannot, after due diligence, be found within Guam; or conceals himself to avoid service of the order to show cause, or any other preliminary process or orders in the matter; or…

In all cases where property is taken into custody by the commissioner, as provided in the preceding section, if it does not embrace all the property and effects of the debtor not exempt from execution, any other creditor or creditors of the debtor, upon giving bond to be approved…

If, in any case, proper affidavits and bonds are presented to the court asking for and obtaining an order of publication and an order for the custody of the property of the debtor, as provided in § 50157 and § 50158 of this Article, and thereafter the petitioners shall make it ap…

to Vote. No creditor shall be entitled to vote for the election of an assignee unless he shall have filed his claim in the office of the clerk of the court at least two (2) days prior to the time appointed for such election. All claims shall contain a statement showing the amount…

At a meeting of the creditors in open court, or if the court is not in session, in the presence of the judge or the clerk of court, those being entitled to vote, as provided by the preceding section, shall proceed to the election of an assignee. The majority of the creditors who …

If, on the day appointed for the meeting, creditors do not attend, or fail or refuse to elect an assignee, or if, after election, the assignee shall fail to qualify within the proper time, or if a vacancy occurs by death or otherwise, the court shall appoint an assignee and fix t…

As soon as the assignee is elected or appointed and qualified, the clerk of the court shall, by an instrument under seal of the court, assign and convey to the assignee all the real and personal property, estate, and effects of the debtor with all his deeds, books, and papers rel…