The mediation process in the Court of Appeals is confidential. The judges are not told by Mediation Program staff about the content of a mediation or even that a particular case has been, or is currently, in mediation. Requests for changes in the briefing schedule for purposes of facilitation of mediation are decided by the Clerk of the Court, on delegated authority, so the judges are not alerted as to the identity of cases being mediated.

Mediators are required to keep all matters pertaining to the mediation confidential; however, they may on occasion discuss the case with members of the Mediation Program staff, who also must keep such discussions confidential.

The Court also expects participating counsel to refrain from commenting publicly about the fact that a case is in mediation or from disclosing any information about the parties’ discussions, or the status of the talks, to anyone who is not -- directly or indirectly -- a party to the negotiations.