Overview
In 2016, the Appellate Mediation Program was initiated to provide the opportunity for represented litigants to participate in mediation. The Court initiated the program under Administrative Order 4-16. With certain exceptions all civil, family, probate and Administrative Agency matters are eligible for mediation. These eligible matters are screened for mediation by the program to assess if mediation is appropriate and the parties are willing to mediate at the appellate level.
Parties that are not represented by counsel will not be eligible for mediation. On April 3, 2018, the Court issued the Administrative Order 2-18. The Order allows for unrepresented litigants to participate in mediation through a limited scope representation. A self-represented litigant may retain an attorney, for the sole purpose of mediation. If the program after screening believes a matter is appropriate for mediation and the self-represented litigant cannot afford counsel due to their financial situation, the program may provide Pro Bono Counsel for the purpose of mediation. This is determined by the program and is based on the availability of Pro Bono Counsel.
The Court maintains a roster of volunteer attorneys who are willing to devote their time when available to assisting self-represented litigants in a limited scope appearance for the purpose of mediation. This does not preclude the attorney and client from entering into a representation agreement for the appeal if the matter does not settle in mediation.
| Title (Please note that all forms must be submitted in English) | Download PDF |
|---|---|
| Administrative Order 4-16 | English |
| Administrative Order 2-18 | English |
| Agreement to Mediate | |
| Confidential Mediation Statement | |
| DC Code, Title 16, Chapter 42 | English |
| Mediation Screening Statement (administrative appeal) | |
| Mediation Screening Statement (civil appeal) |
The Process for Attorneys
Counsel is required to file a screening statement with the Court. The screening statement is filed with the Notice of Appeal or Petition for Review. The screening statement is also served to opposing counsel. Program staff will review the statement and any other documents filed in the appellate
court, and may consult with Counsel, to determine if a matter is appropriate for mediation. If the matter is selected for mediation, counsel will receive an order requiring the parties to participate in mediation. The order will identify the mediator, set a due date 15 days after the order is issued for the Confidential mediation statements to be submitted to the mediation program and inform the parties and counsel that mediation should be set within 45 days of the order. The mediator will be responsible for scheduling the mediation sessions and pre-mediation meetings. In most cases the appellate deadlines will be stayed pending the conclusion of the mediation process. The program will send the attorneys an email with the Order to Mediate, a blank Confidential Mediation Statement form and an Agreement to mediate along with next steps for organizing the mediation.
Please note, the Confidential Mediation Statement is only filed with mediation program not shared to opposing counsel if the matter is selected for mediation.
The Process for Self-Represented Litigants
The self-represented party will receive an order from the Court advising that their matter has been referred to mediation for screening purposes. This does not mean the matter will be mediated. This means that their matter is being reviewed as to whether or not it is appropriate for mediation. The self- represented litigant will receive notification if their matter is selected for mediation and explained their options for retaining counsel for the purpose of the mediation.
The self-represented party does not file a screening statement or a confidential mediation statement.
Pro-Bono Mediation Counsel Panel
The Appellate Mediation Pro-Bono Panel is currently recruiting volunteer attorneys who are interested in representing pro se parties in cases that have been selected for mediation.
If a case is selected for mediation and the litigant wants to participate in mediation the litigant will be referred to an attorney (based on availability) who has expressed an interest in accepting such referrals from the Appellate Mediation Program. If the litigant and attorney agree to work with each other, they will enter into a limited scope representation agreement for the purpose of the mediation in accordance with Administrative Order 2-18. If the case does not settle in mediation, the litigant and the attorney may enter into a representation agreement that provides for the attorney to represent the litigant for the full appeal.
To qualify to serve as pro bono mediation counsel, applicants must be in good standing of the D.C. bar, have at least 2 years of experience as a practicing attorney 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.
Application
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.
Becoming a Volunteer Mediator
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 orientation provided by the Court. The Court will also offer periodic optional training and educational opportunities at no charge to panel mediators. Presently the program is in need of experienced mediators in family and Probate matters.
Application
Mediators who would like to apply to become a member of the panel, please download and submit the application to mediation [at] dcappeals.gov.
Appellate Mediators
Contact Information
For further information regarding mediation please contact:
Email: mediation [at] dcappeals.gov
Phone: (202) 879-9936
*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.