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
- 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 and Issues.
- When to File. The Civil Appeal Statement must be filed as directed by the court.
- What to File.
- In an appeal from the district court or Tax Court, the Civil Appeal Statement must be filed on Form 6CA-53.
- In an appeal from or application for enforcement of an administrative agency order, the Civil Appeal Statement must be filed on Form 6CA-54.
- The forms are available on the court's website.
- Exception. A pro se appellant, petitioner, or applicant is not required to file a Civil Appeal Statement.
- Response. No response to the Civil Appeal Statement is permitted.
- Mediation Procedures.
- 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.
- 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.
- 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.
- Mediation Conferences.
- General. A Circuit Mediator conducts the conference. The clerk, at the direction of the mediator, may enter orders controlling the course of the proceedings.
- 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 addressed.
- 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.
- 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 all participants.
- Non-Compliance; Sanctions.
- 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.
- 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.
- 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:
- Remove the case from mediation;
- Assess reasonable expenses caused by the failure, including attorney's fees;
- Assess all or a portion of the appellate costs;
- Dismiss the appeal; and
- Impose further sanctions as the court deems appropriate.