Yes. Litigants can request mediation by completing the “Request for Appellate Mediation” form that is included with the papers sent to parties at the initiation of the appeal and by returning that form to the Office of the Circuit Executive. (The form also may be downloaded from this web site.) Or, parties may simply send a brief letter to the Clerk of the Court requesting mediation and indicating why they think mediation is appropriate in their case.

Whatever form is used to submit the request, the Request for Mediation is confidential. It should not be entered into CM/ECF or served upon the other parties to the appeal. Requests for Mediation are given significant weight by court staff making the referral decision, but other factors are considered and requests are not determinative.