Mediation Program

6th District Court of Appeal - Mediation

333 West Santa Clara Street
Suite 1060
San Jose, CA 95113
Phone: (408) 494-2538
E-mail:  Sixth.Mediation@jud.ca.gov

The Court of Appeal, Sixth Appellate District, Appellate Mediation Program, affords parties involved in a civil appeal a confidential, convenient and cost-effective means to resolve their dispute prior to the beginning of briefing. The Program is designed to avoid delay to the appellate process, while affording parties the opportunity to work with experienced mediators who volunteer their services.

Benefits of Appellate Mediation

  • Saves time and is cost-effective
  • Allows parties to control the outcome
  • Eliminates the risk of unfavorable rulings
  • Inspires creative and realistic solutions
  • May resolve related litigation

Types of Cases Eligible for Mediation

Most civil appeals pending before this court are eligible for mediation.  The court encourages any party to a civil appeal to explore participation in the Program.  Participation is currently voluntary and the agreement of all parties is required.  Parties can seek inclusion in the Program by submitting a Mediation Statement Form.  If only one party to the appeal requests mediation, the Program’s staff may contact all parties to seek agreement for participation in the Program.
 

Mediation Process is Confidential

The Program, while an official function of the Sixth District Court of Appeal, operates independently of the court.  Because the purpose of mediation is to provide the parties with a confidential environment in which to explore settlement, communications with the court or the mediator, while assigned to the Program, are always confidential.  Any statements made, as well as any documents submitted in furtherance of mediation do not become part of the appellate record.
 

Program Panel Members

The current panel of mediators consist of volunteer professionals from a wide range of practice areas, as well as retired jurists.  Sixth District Mediation Program Panel Members.
 

Frequently Asked Questions


Q1: What happens after I file my Notice of Appeal?

A1: Upon receipt of notice of the filing of a notice of a civil appeal, the clerk of this court will send notice to counsel for all parties that includes a link to the Mediation Statement form and Local Rule 1.  Appellant and respondent are each required to complete and submit a Mediation Statement form within 15 days of the date of the clerk’s notice. (Ct. App., Sixth Dist., Local Rule 1 (e)(2).)  The statement must be accompanied by a proof of service on opposing counsel.  The information provided on the statement will remain confidential and will be used for the sole purpose of screening for the inclusion in the Mediation Program. 

Q2: How do I file the Civil Case Information Statement (CCIS)?

A2: If you are an appellant or a cross-appellant in a civil appeal, you must serve and file a Civil Case Information Statement (CCIS) within 15 days after the superior court clerk mails the notification of the filing of your appeal (Rule 8.100(g)).  Click here for the required form: APP-004.  Your answers help the court to know whether the notice of appeal is on time and whether the judgment or order is appealable, among other things.  Include a copy of the judgment or order from which you are bringing the appeal.  Also attach a proof of service on all parties to the appeal.  You may e-file the CCIS in lieu of filing a paper original.

The court will send you a notice of default if the clerk’s office does not receive your completed CCIS.  You must cure the default within 15 days (generally by correctly filing the CCIS), or your appeal will be dismissed.

If you are only a respondent on a civil appeal and do not have a cross-appeal, you do not need to file a CCIS.

Q3: How do I file the Civil Appeal Mediation Statement Form?

A3: Appellant and respondent are each required to complete and submit a Mediation Statement form within 15 days of the date of the clerk’s notice. (Ct. App., Sixth Dist., Local Rule 1 (e)(2).)  The statement must be accompanied by a proof of service on opposing counsel.  The information provided on the statement will remain confidential and will be used for the sole purpose of screening for the inclusion in the Mediation Program.  You may e-file the Mediation Statement form in lieu of filing a paper original.

Q4: Is mediation mandatory?

A4: Mediation participation is currently voluntary and the agreement of all parties is required.  Parties can seek inclusion in the Program by submitting a Mediation Statement form.  If only one party to the appeal requests mediation, the Program’s staff may contact all parties to seek agreement for participation in the Program.

Q5: What happens if my case is selected for mediation?

A5: Immediately upon acceptance of a case into the Program, all further proceedings, including the filings of briefs, will be suspended for 90 days.  However, this will not suspend the preparation of the appellate record unless a specific order is issued directing suspension of record preparation.

The Program Coordinator will notify the parties and provide the name, address and telephone number of the mediator selected for the mediation.  The Program will also provide three possible dates for the mediation.

The parties shall meet and confer to agree on the date of mediation, and inform the Program Coordinator within 5 days of the date selected for mediation.  The Program Coordinator will then issue written notice of the date and time of the mediation, along with any specific requirements or requests of the mediator.

Q6: What happens if my appeal is resolved by mediation?

A6: If the mediation is successful, the appellant must immediately give this court notice that a settlement has been reached. (Cal. Rules of Court, rule 8.244(a).) The appellant then has 45 days to file an abandonment of appeal in the superior court. (Cal. Rules of Court, rule 8.244(a)(3).) To abandon an appeal, the appellant may use Judicial Council form APP-005, Abandonment of Appeal.

If a case settles before the appellate record has been filed:
Pursuant to California Rules of Court, rule 8.244(a)(3) and (b), if the mediation results in disposition of the appeal and the record has not been filed in the court of appeal, the appellant must immediately file a notice of settlement with the court of appeal. Within 45 days after filing the notice of settlement, the appellant must file an abandonment of the appeal in the superior court.

If the case settles after the appellate record has been filed:
Pursuant to California Rules of Court, rule 8.244(a)(3) and (c), if the mediation results in disposition of the appeal and the record has been filed in the court of appeal, the appellant must immediately file a notice of settlement in the court of appeal. Within 45 days after filing the notice of settlement, the appellant must serve and file a request for dismissal in the court of appeal.

Q7: What happens if my appeal is not resolved by mediation?

A7: If completion of mediation does not result in disposition of the appeal, this court will immediately vacate the stay and reinstate the appeal to active status on the court’s docket.

Q8: What happens if I decide not to continue with the appeal?

A8: If you decide not to continue with the appeal, you can abandon your appeal at any time prior to the filing of the record in this Court. (Cal. Rules of Court, rule 8.244(b).) To abandon an appeal, you may use Judicial Council form APP-005, Abandonment of Appeal. Please note that the abandonment is filed in the superior court. (Cal. Rules of Court, rule 8.244(b).)

If you wish to end your appeal after the record has been filed in this Court, you must file a request for dismissal in this Court. (Cal. Rules of Court, rule 8.244(c).)

Mediation Forms

Civil Case Information Statement (APP-004)

Mediation Statement Form (Fillable PDF)

Abandonment of Appeal (Unlimited Civil Case) Form (APP-005)

Request for Dismissal of Appeal (Civil Case) Form (APP-007)

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