Private Mediator Procedures (Request For Use Of Private Mediation-Private Mediators Report)

Rev. 2/11 Kinnard Mediation Center PRIVATE MEDIATOR PROCEDURES FOR MEDIATION OF APPEALS CONTENTS 1. INTRODUCTION. .............................................................................................................. 1 2. 11 Cir. R. 33-1. ................................................................................................................... 1 3. APPEALS THAT MAY BE MEDIATED BY A PRIVATE MEDIATOR. .............................. 3 4. PRIVATE MEDIATOR SELECTION FORM. ..................................................................... 3 5. ASSISTANCE BY ASSIGNED CIRCUIT MEDIATOR....................................................... 4 6. INFORMATION FURNISHED TO PRIVATE MEDIATOR................................................. 4 7. CONDUCT OF MEDIATION. ............................................................................................. 5 8. CONFIDENTIALITY. .......................................................................................................... 6 9. BIAS, CONFLICTS OF INTEREST, AND DISQUALIFICATION. ..................................... 6 10. TIME PERIOD OF MEDIATION. ....................................................................................... 7 11. LOCATION OF MEDIATIONS. .......................................................................................... 7 12. EXTENSIONS OF TIME TO FILE BRIEFS. ...................................................................... 7 13. ADJUDICATION DURING MEDIATION. ......................................................................... 10 14. COMMUNICATIONS. ...................................................................................................... 10 American LegalNet, Inc. www.FormsWorkFlow.com 15. REPORT OF MEDIATION RESULTS. ............................................................................ 10 16. POST-SETTLEMENT DISMISSAL PROCEDURES. ...................................................... 11 17. EVALUATION PROCEDURES........................................................................................ 11 18. BILLINGS TO PARTIES. ................................................................................................. 11 19. QUESTIONS OR COMPLAINTS..................................................................................... 12 20. TRAINING PROGRAMS.................................................................................................. 12 APPENDIX OF FORMS A. B. REQUEST FOR USE OF A PRIVATE MEDIATOR PRIVATE MEDIATOR'S REPORT American LegalNet, Inc. www.FormsWorkFlow.com 1. INTRODUCTION 11th Cir. R. 33-1(g) provides that upon agreement of all parties, a private mediator may be employed by the parties to mediate an appeal that has been selected for mediation by the Kinnard Mediation Center (KMC). Persons employed as private mediators under the rule shall follow the private mediator procedures as set forth by the KMC. Those procedures are provided below along with other information that may be useful to private mediators conducting these mediations. Although specific procedures are set forth, private mediators employed under the rule are reminded that their conduct will reflect on the court. Therefore, their conduct should reflect the highest professional standards. 2. 11 th CIR. R. 33-1 The applicable portions of 11th Cir. R. 33-1 are as follows: (c) Mediation. (1) An active or senior judge of the court of appeals, a panel of judges (either before or after oral argument), or the Kinnard Mediation Center, by appointment of the court, may direct counsel and parties in an appeal to participate in mediation conducted by the court's circuit mediators. Mediations are official court proceedings and the Kinnard Mediation Center circuit mediators act on behalf of the court. Counsel for any party may request mediation in an appeal in which a Civil Appeal Statement is required to be filed if he or she thinks it would be helpful. Such requests will not be disclosed by the Kinnard Mediation Center to opposing counsel without permission of the requesting party. The purposes of the mediation are to explore the possibility of settlement of the dispute, to prevent unnecessary motions or delay by attempting to resolve any procedural problems in the appeal, and to identify and clarify issues presented in the appeal. Mediation sessions are held in person or by telephone. Counsel must, except as waived by the mediator in advance of the mediation date, have the party available during the mediation. Should waiver of party availability be granted by the mediator, counsel must have the authority to respond to settlement proposals consistent with the party's interests. The mediator may require the physical presence of the party at an in-person mediation or the telephone participation of the party in a telephone mediation. For a governmental or other entity for which settlement decisions must be made collectively, the availability, presence, or participation requirement may be satisfied by a representative authorized to negotiate on behalf of that entity and to make recommendations to it concerning settlement. Kinnard Mediation C enter/PR IVATE MED IATO R PR O C ED U R ES FO R MED IATIO N O F APPEALS/February 2011 Page 1 American LegalNet, Inc. www.FormsWorkFlow.com (2) A judge who participates in the mediation or becomes involved in the settlement discussions pursuant to this rule will not sit on a judicial panel that deals with that appeal. (3) Communications made during the mediation and any subsequent communications related thereto shall be confidential. Such communications shall not be disclosed by any party or participant in the mediation in motions, briefs, or argument to the Eleventh Circuit Court of Appeals or to any court or adjudicative body that might address the appeal's merits, except as necessary for enforcement of Rule 33-1 under paragraph (f)(2), nor shall such communications be disclosed to anyone not involved in the mediation or otherwise not entitled to be kept informed about the mediation by reason of a position or relationship with a party unless the written consent of each mediation participant is obtained. Counsel's motions, briefs, or argument to the court shall not contain any reference to the Kinnard Mediation Center. (d) Confidential Mediation Statement. The court requires, except as waived by the circuit mediator, that counsel in appeals selected for mediation send a confidential mediation statement assessing the appeal to