L.A.R. 33.2: Eligibility for Appellate Mediation Program

All civil appeals and petitions for review or for enforcement of agency action are eligible for referral to the Appellate Mediation Program except: (1) original proceedings (such as petitions for writ of mandamus); (2) appeals or petitions in social security, immigration or deportation, or black lung cases; (3) prisoner petitions; (4) habeas corpus petitions or motions filed pursuant to 28 U.S.C. Sec. 2255; (5) petitions for leave to file second or successive habeas petitions; and (6) pro se cases. In all cases eligible for appellate mediation, the appellant or petitioner must file with the clerk, within 10 days of the docketing of the appeal with service on all parties, a Civil Appeals Information Statement and a Concise Summary of the Case, which is available on the court's website. Appellant must attach to the Concise Summary of the Case copies of the order(s) being appealed and any accompanying opinion or memorandum of the district court or agency. In the event the order(s) being appealed or any accompanying opinion or memorandum adopt, affirm, or otherwise refer to the report and recommendation of a magistrate judge or the decision of a bankruptcy judge, the report and recommendation or decision must also be attached. In addition, any judge or panel of the court may refer to the Chief Circuit Mediator any appeal, petition, motion or other procedural matter for review and possible amicable resolution.