- Public Transportation
- Courthouse Entrances
- Screening Information
- Cell Phones, Laptops, and Other Electronic Devices
- Devices that Photograph, Record or Videotape
- Liquids Policy
- Courtroom Locations
- Use of Facilities by Outside Groups
- Inclement Weather Notice
- Resources & Contacts
- Case Information
- Attorney, Pro Se, and Media
- Notice of Change of Address
- Brief Compliance Checklist for Pro Se and Attorney Filers
- Statement of Sponsor to be Recited in Pro Hac Vice Admissions
- Attorney Admissions Information
- Criminal Justice Act Information
- Information for Litigants Representing Themselves (Pro Se)
- Attorney Rules of Disciplinary Enforcement
- Mediation Program
- Inclement Weather Notice
- Media Information
- Rules & Procedures
- Circuit Rules
- Handbook of Practice and Internal Procedures
- Circuit Rules Proposed Amendments
- Circuit Rules Recent Amendments
- General Notices
- Guantanamo Cases - Orders Having General Application
- En Banc Endorsement of Panel Decisions (Irons Footnote)
- Mandatory Conflict Screening Plan
- Privately Funded Seminars
- Administrative Order Regarding Electronic Case Filing
- Judicial Misconduct
- Site Map
Frequently Asked Questions
How Does Referral to Appellate Mediation Affect the Briefing Schedule in an Appeal?
Referral to mediation does not automatically stay or alter the briefing schedule, nor does it delay its issuance. Unless a request for extension of the briefing schedule is submitted to and granted by the court, the case will be processed for appellate review - and parties will be expected to adhere to the established briefing and oral argument schedule - just as they would in the absence of a mediation referral.
However, the parties may determine that the chances of resolving the case would be improved if counsel were not required to engage in mediation at the same time that they are preparing their briefs. In that situation, with the concurrence of the mediator, the parties may request extension of the briefing schedule for the purposes of facilitating the mediation process.
The briefing schedule can be changed if one or more of the parties files a motion with the Court requesting such relief. The motion must meet the following standards: (1) it must represent that all parties and the mediator (who is not identified in the motion by name) consent to the change in schedule; (2) it must represent in both the caption and the first paragraph that the change is requested “to accommodate a pending mediation;” and (3) it must identify precisely the relief sought: e.g., that the case be held in abeyance or that the briefing schedule be extended by a specified number of days.
Neither the mediator nor Appellate Mediation Program staff has the authority to alter briefing schedules or to grant extensions. The parties should be aware that, in most cases, a change in the briefing schedule will also alter the oral argument date and will result in a change in the composition of the oral argument panel.