Kathleen M. Scanlon, a former CPR senior vice president, is of counsel in the New York office of Heller Ehrman White & McAuliffe LLP. This article is excerpted from “A Case for Judicial Accountability: When Courts Add a Settlement Detour to the Traditional Appellate ‘Path’,” 17 Ohio State J. Disp. Resol. 379 (2002).
Appellate mediation programs are now firmly embedded in the judicial ADR landscape. To effectively represent clients during an appeal process, ADR Counsel needs to be knowledgeable about these programs and their variations.
Growth Of Federal Appellate Mediation Programs
In comparison with trial court litigation, appellate litigation does not offer as many opportunities or motives for exploring settlement. Appellate mediation programs are designed to change these settlement dynamics.
Federal appellate mediation programs – often called conference programs – find their basis in Rule 33 of the Federal Rules of Appellate Procedure. Inspired by district court mediation programs, in 1974 the Second U.S. Circuit Court of Appeals implemented a pioneer Civil Appeals Management Plan, or CAMP.
Camp’s goal was to assist litigants in resolving their appeals on a consensual basis and without the need for a final court decision. At a CAMP conference, a court-employed staff counsel served as an impartial mediator to explore settlement, educate the parties on Second Circuit law and practice, and resolve procedural problems informally and expeditiously.