At the conclusion of the joint session, the mediator will typically caucus individually with each party. Caucuses permit the mediator and the parties to explore more fully the needs and interests underlying the stated positions. In caucuses the mediator also helps the parties begin thinking about settlement options. He or she encourages an expansive view of both the matters in dispute and the possibilities for settlement.In some cases the mediator may offer specific suggestions for settlement; in other cases the mediator may help the parties generate creative settlement proposals. In all cases, mediation provides an opportunity to explore a wide range of potential solutions and to address interests that may be outside the scope of the stated controversy or which could not be addressed by judicial action. Mediation also allows the parties to participate in crafting a resolution of the dispute.
The mediator may conduct additional joint sessions to promote further direct discussion between the parties, or she/he may Continue to work with the parties in private caucuses. The mediation concludes when the parties reach a mutually acceptable resolution, when the parties fail to reach an agreement, or on the date the judge specified as the mediation deadline.
The mediator has no power to impose a settlement and the mediation process, whether or not settlement is reached, is confidential.
A. Judges may designate civil cases for mediation, subject to the availability of qualified mediators, by (1) encouraging parties to submit to mediation voluntarily and preparing a consent order to that effect, or (2) requiring parties to participate after giving them an opportunity, in response to a show cause order, to explain why mediation would not be appropriate in their case.
B. When a case is designated for mediation, the Circuit Executive will appoint a mediator to handle it. The mediator will contact all attorneys to fix the date and place of the first mediation session, which will be held within three weeks of the date the mediator was appointed.
C. The Circuit Executive will provide counsel with copies of the judge's designation order, the Circuit Executive's notice of appointment of mediator and a copy of program procedures.
D. No later than seven days prior to the first mediation session, each party shall submit directly to the mediator and to all other parties a position paper not to exceed ten pages, outlining the key facts and legal issues in the case. The paper will also include a description of motions filed and their status.
Position papers are not briefs and are not filed with the Court.
E. The mediator may hold mediation sessions in his/her office or at the Court.
F. The mediator will schedule additional mediation sessions, as needed.
G. If settlement is reached, in whole or in part, the agreement, which shall be binding upon all parties, will be put into writing, and counsel will file a stipulation of dismissal. if the case does not settle, the mediator will immediately notify the Circuit Executive's office, and the case or the portion of the case that has not seuled will continue in the litigation process.
H. Regardless of the outcome of a case, mediators will complete a case evaluation form for each case mediated.
I. Mediators, and any party who has first discussed a problem with the mediator without obtaining a satisfactory resolution of the matter, shall report to the D.C. Circuit's Dispute Resolution Director any instances of noncompliance with mediation procedures that, in their view, may disrupt the mediation process or threaten the integrity of the mediation program. Such matters may, in the discretion of the Director, be reported to the ADR Compliance Judge for appropriate action.
A. The Court requires counsel and all parties to attend mediation sessions. If a party is an institution, a representative of the institution, in addition to outside counsel, who has actual authority to approve a settlement agreement, must be present or must be immediately accessible by phone.
B. When a party is a unit of government, senior attorneys on either side may attend mediation sessions, but efforts must be made to ensure that someone with settlement authority can be reached during mediation sessions.
A. Confidentiality will be ensured throughout the mediation process.B. Mediators will guarantee the confidentiality of all information provided to, or discussed with, them. The Circuit Executive and Circuit Executive's staff, responsible for program administration, evaluation, and liaison between the mediators and the Court will maintain strict confidentiality.
C. No papers generated by the mediation process will be included in Court files, and information about what transpires during mediation sessions will not at any time be made known to the Court.