May 13, 2021 from Noon to 1:00pm
Join Attorneys Kenneth “Ken” Rosebaum (PDF) and McGavock “Mac” Reed (PDF) on May 13, 2021 from Noon to 1:00pm when they speak on the topic, “When Standards Collide: The Intersection of Attorney and Mediator Ethics.” (PDF)
What can a mediator do if an attorney breaches a professional ethics standard during a mediation? If the mediator is also an attorney, does it makes a difference? Mediators must consider conflicts of interest. If the mediator works in a firm of attorneys, does that mean checking to see if any of the firm’s clients might have an interest in whether the case settles? Come explore these and other questions that arise when multiple ethics standards govern behavior at the table.
To RSVP for these virtual events, please send an email to mediation [at] dcappeals.gov.
The direct link to join the virtual sessions will be sent to everyone in a separate email.
In order to provide represented litigants an opportunity to participate in mediation, on January 9, 2017, the court initiated an Appellate Mediation program by Administrative Order 4-16. With certain exceptions, all civil cases on appeal from the Superior Court, Office of Administrative Hearings and Administrative Agencies, Boards and Commissions of the District of Columbia are eligible to be selected for mandatory mediation.
Parties not represented by counsel will not be eligible to participate in mediation. On April 3, 2018, the Court issued Administrative Order 2-18 to permit attorneys, with the informed consent of the client as to the objectives and scope of the representation, to enter a limited appearance for the purpose of mediation. This does not preclude the attorney and client from entering into a representation agreement that provides for the attorney to represent the client for the full appeal.
In all eligible cases filed after January 23, 2017, counsel will be required to file a Mediation Screening Statement with the Notice of Appeal or Petition for Review. Program staff will review the screening statement and other documents filed in the appellate court, and may consult with counsel, to determine whether a case is appropriate for mediation. If the case is selected for mediation, the court will issue an order for mediation that will identify the mediator from the court’s panel who will mediate the case. The mediator will be responsible for scheduling all mediation sessions. In most cases selected for mediation, the appellate deadlines will be stayed pending the conclusion of the mediation process.
Counsel will be required to provide a Confidential Mediation Statement to the mediator and mediation program staff within 15 days of the date of the order for mediation. Counsel are encouraged to provide information in their statement that will assist the mediator in helping the parties to resolve their appeal. The initial mediation session should occur within 45 days of the date of the order for mediation.
|Title (Please note that all forms must be submitted in English.)||Download PDF|
|Frequently Asked Questions||Download|
|Administrative Order 4-16||Download|
|Administrative Order 2-18||Download|
|Agreement to Mediate||Download|
|Confidential Mediation Statement||Download|
|DC Code, Title 16, Chapter 2||Download|
|Mediation Screening Statement (administrative appeal)||Download|
|Mediation Screening Statement (civil appeal)||Download|
Joining the Pro Bono Mediation Counsel Panel
The Appellate Mediation Program is currently recruiting volunteer attorneys who are interested in representing pro se parties in cases that have been selected for mediation.
If a case involving a pro se litigant is selected for mediation and the litigant wants to participate in mediation, the litigant will be referred to an attorney on the panel who has expressed a willingness to accept such referrals from the Appellate Mediation Program. If the litigant and the attorney agree to work together, they will enter into a limited representation agreement for the purpose of mediation in accordance with Administrative Order 2-18. If the case does not settle in mediation, the litigant and attorney may enter into a representation agreement that provides for the attorney to represent the litigant for the full appeal.
To be qualified to serve as pro bono mediation counsel, applicants must be a member in good standing of the D.C. Bar, have at least 2 years of experience as a practicing attorney in civil cases, and complete the required training provided by the Court of Appeals. Attorneys who have not represented parties in mediation or an appeal must ensure that they will have appropriate supervision or support from an experienced attorney before accepting a client referral.
To apply to serve as pro bono mediation counsel, please fill out the Pro Bono Mediation Counsel Application and submit it to mediation [at] dcappeals.gov (subject: Web%20Application%3A%20Pro%20Bono%20Mediation%20Counsel%20Panel%20Application) .
Becoming a Volunteer Mediator
The Appellate Mediation Program is currently recruiting volunteers who are interested in becoming mediators for the court. Mediators must be licensed to practice law in any state in the United States and have significant experience mediating litigated cases. Mediators will be required to participate in an initial orientation and training program sponsored by the court, and to mediate a minimum of 2 cases over an 18 month period. The court will also offer periodic optional training and educational opportunities at no charge to panel mediators.
Mediators who would like to apply to become a member of the panel, please download and submit the application to mediation [at] dcappeals.gov (subject: Web%20Application%3A%20Becoming%20a%20Volunteer%20Mediator) .
|Press Release on Launch of Appellate Mediation Program - Jan 12, 2017||Download|
|James D. Butler||Download|
|Charles M. Carron||Download|
|Elizabeth D. Curtis||Download|
|Gwenlynn W. D’Souza||Download|
|Douglas A. Datt||Download|
|Nina J. Falvello|
|Peter H. Goldberg|
|Jeffrey S. Gutman||Download|
|Vanessa L. Hall||Download|
|William J. Inman||Download|
|Jacob M. Leibowitz||Download|
|Grace M. Lopes||Download|
|Gerald P. Lorentz||Download|
|Roger S. Mackey||Download|
|John J. McAvoy||Download|
|Melissa G. Reinberg||Download|
|David M. Schoenfeld||Download|
|Lolita H. Youmans||Download|
For further information regarding mediation please contact:
Jennifer Gartlan, Mediation Program Coordinator
Email: mediation [at] dcappeals.gov
*Please note that meetings and consultation with the Mediation Program Coordinator are by appointment only. Individuals without an appointment will not be granted access to the mediation suite to ensure confidentiality for mediation participants.