Rule 28A. AppellateMediation Office.
(a) Appellate Mediation Office;Purpose of Mediation Conference. The court may directthe attorneys for the parties and the parties to appear before a mediatorappointed by the court for a mediation conference to explore the possibility ofsettlement and any other matters that may aid in the efficient management anddisposition of the case. The court will advise the parties by order that thecase has been referred to the Appellate Mediation Office. All decisionsregarding conduct of the mediation conference are within the sole discretion ofthe mediator.
(b) Confidentiality.Unless contained in a written settlement agreement under ?paragraph (f), statements and comments madeduring mediation conferences and in related discussions, and any record ofthose statements, are confidential and may not be disclosed by anyone (includingthe appellate mediation office, counsel, or the parties; and their agents oremployees) to anyone not participating in the mediation process. Proceedingsunder this rule may not be recorded by counsel or the parties. Mediators shallnot be called as witnesses, and the information and records of the AppellateMediation Office shall not be disclosed to judges, staff, or employees of anycourt.
(c) Continuances.Mediation conferences will not be rescheduled or continued absent good cause asdetermined by the mediator.
(d) Extensions/Tolling.The time for filing briefs or motions for summary disposition and for otherappellate proceedings is not automatically tolled pending a mediationconference. The parties may seek an extension by motion or stipulation asprovided in Rule 22.
(e) Requestfor Mediation Conference by a Party.
(e)(1) For cases pending in theSupreme Court, the parties may request a mediation conference by stipulatedmotion filed with the Court. The Court will determine whether the case will bereferred to mediation. If a mediation conference is ordered, the mediation willbe conducted in accordance with this rule.
(e)(2) For cases pending in theCourt of Appeals, the parties may request a mediation conference by motion,letter, or confidential request. The Chief Appellate Mediator will determinewhether a mediation conference will be conducted. The decision of the ChiefAppellate Mediator is final and not subject to review. If a mediationconference is ordered, the mediation will be conducted in accordance with thisrule.
(e)(3) The denial of a mediationrequest will not prevent the parties from engaging in private settlementnegotiations or private mediation.
(f) Settlement/Termination.In appeals settled in whole or in part pursuant to this rule, the court willenter an appropriate order upon written stipulation of all parties, or in thecase of voluntary dismissal by the appellant pursuant to these rules, and sendthe order to the parties. In appeals not settled and terminated from mediation,the court will enter an appropriate order and send the order to the parties. Amotion to enforce a settlement agreement will be considered only if the allegedagreement is in writing. The motion and related documents shall be filed underseal.
(g) Sanctions.The court may impose sanctions, including costs, fees or dismissal, for thefailure of counsel or a party to comply with the provisions of this rule orwith orders entered pursuant to this rule.
Advisory Committee Note
Althoughformer paragraph (d), requiring the participation of parties and counsel whenmediation is ordered, has been repealed, parties and counsel will still berequired to participate under the court order.
Effective: November 1, 2016