L.A.R. 33.3: Initial Screening and Deferral of Briefing for Cases Selected for Mediation

The Clerk will provide the Chief Circuit Mediator with a copy of the judgment or order on appeal, any opinion or memorandum issued by the district court or agency, appellant’s Civil Appeal Information Statement and Concise Summary of the Case and any relevant motions.

Following review of these materials, the Chief Circuit Mediator may refer an appeal or petition to a senior judge, himself or herself, or such other person designated pursuant to Rule 48, FRAP for mediation. The Chief Circuit Mediator will advise the parties, the chosen mediator, and the clerk of the referral.

If a case is referred to mediation, a briefing schedule will be deferred during the pendency of mediation unless the court or Chief Circuit Mediator determines otherwise. A referral to mediation will not, however, defer or extend the time for ordering any necessary transcripts.

If a case is not accepted for mediation, or if accepted but is not resolved through mediation, it will proceed in the appellate process as if mediation had not been considered or initiated.