Mediation Program Frequently Asked Questions


Q 1: What happens after I file my notice of appeal?

Under Local Rule 1, the provisions for designating the appellate record, paying the estimated costs of the record, and submitting a proposed briefing schedule are suspended until this court either determines that the appeal is not selected for mediation or mediation has failed to fully resolve the case. (Ct. App., Third Dist., Local Rules of Ct., rule 1(d)(1).) Conservatorship, guardianship, and sterilization proceedings are exempt from the Mediation Program. (Ct. App., Third Dist., Local Rules of Ct. 1(c).)

Q 2: What happens if my case is not selected for mediation?

Upon notification by the Administrator that an appeal was not selected for the Program, the parties’ obligation to comply with the requirements of rules 8.121, 8.124(a)(1), 8.128 and 8.216 of the California Rules of Court commences as if notice of appeal was filed on the date specified in the notification. (Ct. App., Third Dist., Local Rules of Ct., rule 1(g)(2)(B).)

Q 3: How do I file the Civil Case Information Statement?

Upon receipt of the notice of appeal from the superior court, appellant will be sent confirmation that a notice of appeal has been filed along with a Civil Case Information Statement (CCIS) form APP-004 to be completed. Appellant is required to fill out and return the CCIS to this court within 10 days. Remember to attach to the CCIS (1) a copy of the judgment or order that is being challenged on appeal, and (2) Proof of Service on all parties to the appeal. (Cal. Rules of Court, rule 8.100(g).)

If this court does not receive appellant’s completed CCIS within 10 days after the date it was mailed to appellant, a notice of default will be issued. If appellant does not cure the default within 15 days by filing the CCIS, the appeal will be dismissed. (Cal. Rules of Court, rule 8.100(g)(2).) If you are the respondent, you do not have to fill out a CCIS unless you file a cross-appeal.

Q 4: How do I file the Civil Appeal Mediation Statement?

Along with the CCIS form, appellant will receive a Civil Appeal Mediation Statement (CAMS) to complete. The appellant must complete the CAMS within 10 days. If appellant does not file the CAMS within 10 days, a notice of default will be issued. If the default is not cured, the appeal will be dismissed. (Ct. App., Third Dist., Local Rules of Ct., rule 1(d)(4).)

If you are a respondent, you are required to file the CAMS within 10 days after the appellant’s CAMS is filed. If you do not timely file the CAMS, a Mediation Program selection decision will be made without input from the respondent. (Ct. App., Third Dist., Local Rules of Ct., rule 1(d)(5).)

The CAMS form offers you an opportunity to provide the court with a brief summary of the appellate arguments you expect to raise; do not disclose privileged or confidential information because these forms are filed with the court.

Q 5: Where do I file my documents?

Documents are filed with the Clerk’s Office of the Court of Appeal, Third Appellate District, 914 Capitol Mall, 4th Floor, Sacramento, CA 95814.

Do not send the forms to the Appellate Mediation Program.

Q 6: Is fax or electronic filing accepted?

Fax filing is not accepted. Please refer to the court website for information on e-Filing and e-Submissions of documents.

 

Q 7: Is mediation mandatory?

If your appeal is selected for the mediation program, mediation is mandatory, which means counsel, parties, and persons with full authority to settle the appeal must personally attend the mediation, unless excused in writing by the mediator for good cause. If any consent to settle is required for any reason, the party or person with that consensual authority must be personally present at the mediation.

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 attend all mediation sessions in person, with full settlement authority. The party with such potential insurance coverage and that party’s counsel shall serve timely notice to each insurance coverage informing the carrier: (i) that appellate mediation has been ordered; (ii) that the carrier must have a representative with full settlement authority attend all mediations in person; and (iii) of the date, time, and place of all mediation sessions. (See Campagnone v. Enjoyable Pools & Spas Service & Repairs, Inc. (2008) 163 Cal.App.4th 566.) (Ct. App., Third Dist., Local Rules of Ct., rule 1(h)(4).)

Q 8: How are cases selected for the mediation program?

All civil appeals filed in the Court of Appeal, Third Appellate District, are eligible for referral to court-ordered mediation, with the exception of conservatorship, guardianship, and sterilization proceedings. (Ct. App., Third Dist., Local Rules of Ct., rule 1(c).)

A civil appeal may be selected for mediation by the Administrative Presiding Justice or a designated Supervising Associate Justice. Final selection of a case for mediation is confirmed by this court’s mediation program administrator. The program administrator may call you to discuss the suitability of the case for mediation. (Ct. App., Third Dist., Local Rules of Ct., rule 1(b)(e).)

Q 9: Can I stipulate to mediation if my appeal is not selected?

Yes. Every civil case is eligible for mediation upon stipulation (written agreement) of all parties. This Court has discretion to accept or reject the stipulation. (Ct. App., Third Dist., Local Rules of Ct., rule (1)(f)(7).

Q 10: How do I prepare for mediation?

Thorough preparation involves educating yourself to the strengths and weaknesses of your appeal, the appellate process, the inherent risks on appeal, and how appellate courts are likely to address the issues on appeal. Information regarding the appellate mediation process will be provided to you by the mediation administrator if your matter has been selected for mediation.

The mediation sessions are conducted by volunteer retired judges and attorneys with court-sponsored mediation training. Mediations are hosted at the Appellate Mediation Program office at 2890 Gateway Oaks Drive, Suite 210, Sacramento, California 95833. Mediations may also be held at a location determined by the program administrator. The mediation program telephone number is 916-643-7084.

Q 11: Are there mediation costs?

Mediators will not charge the parties any fee for the premediation conference call, the mediator’s premediation preparation time, and for the first four hours of the initial mediation session.

In exceptional cases, the parties and the mediator may agree before the start of the mediation session, in a writing pursuant to Business and Professions Code section 6148, to a fee to be paid by the parties to the mediator for the mediator’s additional preparation time.

Prior to the start of the mediation session, the parties and the mediator may agree, in a writing pursuant to Business and Professions Code section 6148, to a fee to be paid by the parties to the mediator to continue the mediation beyond the initial four hours. (Ct. App., Third Dist, Local Rules of Ct., rule 1(h).)

Q 12: What happens if my appeal is resolved by mediation?

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.

Q 13: What happens if my appeal is not resolved by mediation?

If completion of mediation does not result in disposition of the appeal, the suspension of rules 8.121, 8.124(a)(1), 8.128 and 8.216 of the California Rules of Court is terminated.
The parties’ obligation to comply with the requirements of rules 8.121, 8.124(a)(1), 8.128 and 8.216 of the California Rules of Court commences as if the notice of appeal was filed on the date specified in the notification. (Ct. App., Third Dist., Local Rules of Ct., rule 1(h)(7).)

Q 14: What happens if I decide not to continue with the appeal?

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).)

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