Circuit Mediation Programs - Overview

Within the District of Columbia Circuit, the U.S. Court of Appeals, the U.S. District Court, and the U.S. Bankruptcy Court have dispute resolution programs that provide mediation services in selected docketed cases. These services are offered by the courts, free of charge, to enable the parties to seek ways to resolve their cases themselves.

The Appellate, District Court, and Bankruptcy Court Mediation Programs are separate and governed by the local rules of each court. All three programs are administered by court personnel in the Mediation Office: the Chief Circuit Mediator, Circuit Mediators, and a Program Coordinator. The Appellate Mediation Program started in 1987. The District Court Program started in 1989. Each mediation in our Program is conducted by a mediator or co-mediators selected from a panel of volunteers (experienced lawyers trained in mediation and practicing mediators) as well as staff mediators. The volunteer mediators provide their services to the courts and parties pro bono.

Our mediators have assisted parties in resolving a wide range of cases, including single-plaintiff employment matters; small- and large-value business disputes; appeals of government decisions, rules, and activities; and complex, multi-party cases such as class actions and regulatory and policy matters. The Appellate, District, and Bankruptcy Court Programs have enabled thousands of litigants to resolve their disputes consensually, thereby avoiding additional legal proceedings.

Policy on Mediating with Pro Se Parties

Pro se appeals, while not categorically excluded from inclusion in the Appellate Mediation Program, are rarely referred for mediation. To ensure that parties who participate in this court-sponsored Mediation Program do so with a full understanding of their rights, risks, and options, the Mediation Program generally requires that an uncounseled party be represented during the mediation process, even when that party is an attorney.