Rule 33. Federal Rules of Appellate Procedure. Appeal Conferences.
The court may direct the attorneys, and in appropriate cases the
parties, to participate in one or more conferences to address any matter that may aid in the
disposition of the proceedings, including the simplification of the issues and the possibility of
settlement. A conference may be conducted in person or by telephone and be presided over by a judge or
other person designated by the court for that purpose. Before a settlement conference, attorneys must
consult with their clients and obtain as much authority as feasible to settle the case. As a result of
a conference, the court may enter an order controlling the course of the proceedings or implementing
any settlement agreement.
Local Rule 33.
Circuit Mediation Conferences.
All civil and agency cases in which all parties are
represented by counsel on appeal will be reviewed by a circuit mediator after the filing of the
docketing statements required by Local Rule 3(b). The circuit mediator will determine whether a
mediation conference may assist either the Court or the parties. Counsel for a party may also request a
conference if counsel believes it will be of assistance to the Court or the parties. Counsels'
participation is required at any scheduled conference. Mediation conferences will generally be
conducted by telephone but may be conducted in person in the discretion of a circuit mediator.
Mediation conferences may be adjourned from time to time by a circuit mediator. Purposes of the
Simplification, clarification, and reduction of issues;
Discussion of settlement; and
Consideration of any other matter relating to the efficient management and disposition of the appeal.
Although the time allowed for filing of briefs is not automatically tolled by proceedings under this
local rule, if the parties wish to pursue, or are engaged in, settlement discussions, counsel for any
party may move to extend the briefing schedule. The mediator, through the Clerk of Court, may enter
orders which control the course of proceedings and, upon agreement of the parties, dispose of the case.
Statements and comments made during all mediation conferences, and papers or electronic information
generated during the process, are not included in Court files except to the extent disclosed by orders
entered under this local rule. Information disclosed in the mediation process shall be kept
confidential and shall not be disclosed to the judges deciding the appeal or to any other person
outside the mediation program participants. Confidentiality is required of all participants in the
mediation proceedings. All statements, documents, and discussions in such proceedings shall be kept
confidential. The mediator, attorneys, and other participants in the mediation shall not disclose such
statements, documents, or discussions without prior approval of the Standing Panel on Attorney
Discipline. Any alleged violations of this rule shall be referred to the Court’s Standing Panel on
Attorney Discipline for a determination pursuant to Local Rule 46(g) of whether imposition of
discipline is warranted. All proceedings before the Standing Panel on Attorney Discipline involving
confidential information under this procedure shall be confidential.