FRAP 33 Appeal Conferences
The court may direct the attorneys-and, when appropriate, the parties-to participate in one
or more conferences to address any matter that may aid in disposing of the proceedings, including
simplifying the issues and discussing settlement. A judge or other person designated by the court
may preside over the conference, which may be conducted in person or by telephone. Before a
settlement conference, the attorneys must consult with their clients and obtain as much authority as
feasible to settle the case. The court may, as a result of the conference, enter an order controlling
the course of the proceedings or implementing any settlement agreement.
6 Cir. R. 33 Appeal Conferences - Mediation
(a) Civil Appeal Statement of Parties and Issues. The appellant, petitioner, or applicant in a
civil case must file with the court and serve on all parties a Civil Appeal Statement of Parties
(1) When to File. The Civil Appeal Statement must be filed as directed by the court.
(2) What to File.
(A) In an appeal from the district court or Tax Court, the Civil Appeal Statement
must be filed on Form 6CA-53.
(B) In an appeal from or application for enforcement of an administrative agency
order, the Civil Appeal Statement must be filed on Form 6CA-54.
(C) The forms are available on the court's website.
(3) Exception. A pro se appellant, petitioner, or applicant is not required to file a Civil
(4) Response. No response to the Civil Appeal Statement is permitted.
(b) Mediation Procedures.
(1)Selection of Cases for Mediation. The Office of the Circuit Mediators reviews civil
appellate cases to determine whether mediation would be appropriate. If so, a
mediation conference is scheduled. In addition, counsel may contact the mediation
administrator and request a mediation conference. Requests will remain confidential
unless counsel instructs otherwise.
(2)Notice of Mediation Conference. When a case is selected for mediation, counsel
will receive a mediation conference notice stating the date and time of the conference
and other relevant information about the process.
(3)Submission of Confidential Mediation Background Information Form. Counsel
must submit the Confidential Mediation Background Information Form as directed
in the mediation conference notice. The form is submitted directly to the mediation
office and shall not be filed or otherwise disclosed to the court or other parties.
(A) General. A Circuit Mediator conducts the conference. The clerk, at the
direction of the mediator, may enter orders controlling the course of the
(B) Purposes. The primary purpose of the conference is to explore, in depth,
possibilities for settlement, including the parties' interests, objectives, and
possible bases for resolution of the appeal. Procedural issues may also be
(C) Attendance/Participation. Lead counsel and any other attorney with
primary authority on behalf of each party must participate in the conference.
Co-counsel or other attorneys whose participation would be beneficial are
welcome to participate as well. The mediator may conduct more than one
conference. Clients' attendance in the initial conference is not mandatory but
is welcome. The decision regarding client participation in the initial
conference is left to counsel. The mediator may direct that clients participate
in subsequent conferences.
(D) Confidentiality. Communications in mediation conferences or in connection
with the mediation process are confidential. They may not be disclosed or
otherwise used by any mediation participant, except as agreed in advance by
(1) Failure to File Civil Appeal Statement. The clerk may assess sanctions if the
appellant, petitioner, or applicant fails to properly file the Civil Appeal Statement.
(2) Failure to Submit the Confidential Mediation Background Information Form.
The clerk may assess sanctions if a party fails to properly submit the Confidential
Mediation Background Information form.
(3) Other Sanctions. If an attorney or party fails to comply with a provision of this rule
or a mediation order, the court may take any or all of the following actions:
(A) Remove the case from mediation;
(B) Assess reasonable expenses caused by the failure, including attorney's fees;
(C) Assess all or a portion of the appellate costs;
(D) Dismiss the appeal; and
(E) Impose further sanctions as the court deems appropriate.
6 Cir. I.O.P. 33 [Reserved]