The United States Third Circuit Court of Appeals Appellate Mediation Program
Answers to Frequently Asked Questions
A. Eligibility for Mediation and Selection of Cases for Mediation
1. All civil appeals and petitions for review or enforcement of agency action are eligible for mediation. There are some exceptions--the major exception is pro se litigation. See L.A.R. 33.2.
2. No. Only those cases which are eligible for mediation under L.A.R. 33.2 are sent by the Clerk's Office to the Chief Circuit Mediator of the Appellate Mediation Program for review and possible mediation.
3. The Chief Circuit Mediator selects cases for mediation. The Chief Circuit Mediator exercises judgment and discretion in the selection of cases based on the nature of the cases, the issues involved and prior experience. See L.A.R. 33.3.
4. Yes. Confidential requests for mediation may be made at any time during the pendency of an appeal. See L.A.R. 33.1.
5. Counsel will receive a Notice of Assignment for Mediation by mail. The Notice will set forth the date and time for the mediation and the name of the mediator. If a case is not selected for mediation, counsel will receive a briefing schedule from the Clerk's Office.
6. Yes. Requests may be made by telephone or letter to the Chief Circuit Mediator.
7. If a case is selected for mediation, mediation is mandatory; in exceptional cases (and for good cause shown), counsel may request that the case be removed from the Mediation Program. All such requests should be made to the Chief Circuit Mediator.
8. Yes. Any time during the course of an appeal, the Court may refer a case to mediation. See L.A.R. 33.4
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