Court of Appeals

Unless otherwise directed, mediations are held at 510 4th St. N.W., 2nd Floor, Washington, DC 20001.

No, the mediation program is a service offered by the court at no charge to the participants.

The mediator is selected by the court based on the circumstances of the individual case and the expertise of the mediator.

Yes, if the case type is one that is eligible for mediation. The request can be made by contacting the Mediation Program Coordinator at mediation [at] dcappeals.gov.
 

In most cases selected for mediation, the appellate process deadlines, such as the obligation to order the transcript and file briefs, will be put on hold until the mediation process has concluded. If the case does not settle in mediation, the appellate deadlines will start again.

Except as provided by statute, the mediator, participants in the mediation and Mediation Program staff are required to keep information relating to the mediation confidential. Participants may also share information with persons who are directly or indirectly a participant in the negotiations.

All parties, counsel, and any non-party who has authority to resolve the case must be present at the mediation session. Sanctions may be imposed by the court if a party or counsel does not attend a scheduled mediation session unless they have been excused by mediation program staff in advance of the mediation.

Mediation is voluntary in the respect that the parties have the power to decide whether to settle the appeal and the underlying dispute.

However, the decision as to whether a party will participate in the mediation process is not voluntary. Although the attorneys for the parties to an appeal are often consulted, the decision as to whether a case is scheduled for mediation rests with the Court.

No, to be eligible for mediation all parties must be represented by counsel. If a matter is deemed appropriate for mediation, pro bono counsel may be appointed. 

Civil cases where all parties are represented by counsel are eligible for mediation, including probate cases, marital property and child custody cases, and administrative appeals. Civil cases that are not eligible for mediation are matters from the juvenile court; cases involving attorney licensing, the unauthorized practice of law, domestic violence, child abuse and neglect, termination of parental rights, adoption and the guardianship of minors.
Additionally, criminal cases are not eligible for mediation.