The United States Third Circuit Court of Appeals Appellate Mediation Program
Answers to Frequently Asked Questions
D. The Mediation Process
1. The mediation process may vary depending on the mediator. Generally, mediations commence with a general session with all parties, counsel and the mediator. At the general session, there will be a discussion of the case, the issues on appeal and other matters important to settlement. Then the mediator will meet separately with each party and their counsel in separate "caucuses." In these separate sessions, the mediator will seek to foster negotiations between the parties and develop agreement.
2. Most mediations are conducted in person. However, the Chief Circuit Mediator may designate a mediation to occur by telephone. The Notice of Assignment for Mediation sent to counsel will specify whether the mediation will be conducted by phone or in person.
3. The senior lawyer for each party and the person(s) with actual authority to negotiate a settlement. See L.A.R. 33.5(b).
4. Yes. See L.A.R. 33.5(c).
5. Before a mediation session, the parties must submit "position papers." The Notice of Assignment for Mediation will specify the date by which such statements must be submitted. Position papers may be in the form of a letter and may be submitted by mail, fax or hand delivery. Only one copy is required. See L.A.R. 33.5(a).
6. Other disputes between the parties which are not the subject of the appeal may be included in the mediation session if it will aid in resolution of the dispute which is the subject of the appeal.
7. No, unless the parties agree to keep the settlement terms confidential.
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