350 McAllister Street
San Francisco, CA 94102
Mediation Phone: 415-865-7373
Mediation Fax: 415-865-7374
Mediation Phone: 415-865-7373
Mediation Fax: 415-865-7374
(a) [Mediation Program] To aid the expeditious and just resolution of civil appeals, the Court of Appeal for the First District has established a mediation Program ("Program"). Procedures for mediation and operation of the Program shall be promulgated by the First District Mediation Committee ("Committee"). The Program will be directed by a Mediation Program Administrator ("Administrator") acting under Committee procedures and supervision by the Administrative Presiding Justice or a designated Supervising Justice.
(b) [Scope of Mediation Program] Any civil appeal may be placed in the Program if selected by the Administrator or requested in writing by a party. The Administrator may remove an appeal from the Program and shall record the reasons for removal.
(c) [Mediators] The Committee shall specify the qualifications, training, and process for appointment of mediators in the Program. The Administrator will assign mediators to appeals. Mediation services will be furnished by the court without fee to the parties, provided that a mediation session exceeding 3 hours may be terminated by the mediator unless the parties and the mediator agree upon a fee payable to the mediator for continued services. The Administrator may replace a selected mediator upon written request by a party supported by a showing of good cause or upon request of the mediator.
(d) [Mediation Process]
(1) Within 10 days of the filing of the notice of appeal, the appellant shall file with the Clerk and shall serve on all other parties a completed Case Screening Form. Within 15 days of the filing of the notice of appeal, the other parties shall file with the Clerk and shall serve on all other parties their Case Screening Forms. The Case Screening Forms shall be transmitted by the Clerk to the Administrator and shall not be entered in the court file.
(2) The Administrator, within 10 days of receipt of the Case Screening Forms, shall notify the parties when a case is selected for mediation and furnish the name, address and telephone number of the mediator. At the same time, the Administrator shall furnish the mediator copies of the Case Screening Forms.
(3) Selection of a case for mediation will not suspend preparation of the appellate record or briefing, except pursuant to an order granting an application for an extension of time or a stipulation for an extension of time as provided in the California Rules of Court.
(4) The Administrator, within 5 days of selection of the mediator, shall furnish to the parties 3 dates within the next 30 days when the mediator is available for the mediation session.
(5) The parties, within 5 days of receipt of these dates, shall advise the Administrator of their scheduling preferences. The Administrator, after conferring with the mediator, promptly shall select the date and site for the mediation session and shall notify the parties.
(6) The mediator, with the approval of the Administrator, may, for good cause, postpone or continue a mediation session to a date certain.
(7) The mediator may require parties or their counsel to furnish information, documents, records or other items specified by the mediator.
(8) The mediator may at any time communicate with any of the parties or their counsel with or without notice to the other parties or their counsel.
(9) All parties and their counsel of record must attend all mediation sessions in person with full settlement authority. If the party is not an individual, then a party representative with full authority to settle all appeals and cross-appeals must attend all mediation sessions in person, in addition to counsel. If a party has potential insurance coverage applicable to any of the issues in dispute, a representative of each insurance carrier whose policy may apply must also attend all mediation sessions in person, with full settlement authority. Any exception to this requirement must be approved in writing by the Administrator.
The mediator may invite participation by any additional person or entity if the mediator concludes that such participation would facilitate mediation.
(10) No later than 10 days after completion of mediation, the mediator shall submit to the Administrator a Mediation Attendance Form, listing all participants in the mediation, and a Mediator's Statement, notifying the Administrator of the results of the mediation.
(11) No later than 10 days after completion of mediation, the parties and their counsel shall separately complete and submit to the Administrator evaluations of the mediation and the mediator on a form provided by the Administrator.
(12) The parties and their counsel shall promptly take the steps necessary to implement the agreements reached in mediation. An appellant who has settled must immediately serve and file a notice of settlement in the Court of Appeal and, thereafter, must seek abandonment or dismissal of the appeal as provided in the California Rules of Court.
(e) [Confidentiality] Except as otherwise required by law, information disclosed to the mediator, the parties, counsel, or any other participant in the mediation, or to the Administrator or the Coordinator of the mediation Program, shall be confidential and shall not be disclosed to anyone not participating in the mediation Program.
(f) [Ethical Standards] Mediators shall adhere to the Rules of Conduct for Mediators in Court-Connected Mediation Programs for Civil Cases set forth in the California Rules of Court.
(g) [Appellate Process] Parties and counsel shall comply with all rules applicable to processing appeals while concurrently participating in the mediation Program.
(h) [Sanctions] Monetary sanctions may be imposed by the Administrative Presiding Justice or Supervising Justice for failure to comply with these rules.
(Adopted, eff. October 16, 2006.)