There are 12 federal judicial circuits, and each circuit has a court of appeals that hears appeals from district courts within the circuit, from federal administrative agency decisions, and, for the Court of Appeals for the Federal Circuit, from patent decisions and decisions from the Court of International Trade and the Court of Federal Claims. In response to an increasing volume of cases, some federal courts of appeals have adopted settlement programs in an effort to reduce the backlog of cases and to accelerate the appeal process.
The Civil Appeals Management Program of the United States Court of Appeals for the First Circuit
The First Circuit includes Maine, Massachusetts, New Hampshire, Rhode Island, and Puerto Rico. The First Circuit has a local court rule that mandates mediation in all civil appeals except habeas corpus cases, prisoner petitions, pro se (self-representation) cases, National Labor Relations Board enforcement petitions, and original proceedings such as mandamus. If a settlement conference is scheduled, the litigants must prepare a memorandum about their case prior to the conference. The settlement conference is conducted by the Settlement Counsel and is generally held in person. The litigants are encouraged to settle the case prior to filing briefs or presenting oral arguments.
The Civil Appeal Management Plan of the United States Court of Appeals for the Second Circuit
The Second Circuit includes Connecticut, New York, and Vermont. By local Second Circuit rule, participation in a settlement conference is mandatory in almost all civil appeals, including administrative agency appeals and appeals of tax court decisions. Settlement conferences are informal and confidential. They are designed to foster the amicable resolution of the appeal. Staff Counsel who are practicing attorneys with extensive negotiation experience conduct the settlement conferences.
The Settlement Conference Program of the United States Court of Appeals for the Seventh Circuit
The Seventh Circuit includes Illinois, Indiana, and Wisconsin. The Seventh Circuit conducts settlement conferences in most civil appeals except pro se (self-representation), immigration, Social Security, prisoner rights, habeas corpus, sentencing, and mandamus appeals. When a settlement conference is scheduled, the litigants are required to participate. Attorneys appointed by the court conduct the settlement conferences, and the conferences are confidential. The conferences are held prior to the filing of briefs, and settlement proposals are encouraged.
The Settlement Program of the United States Court of Appeals for the Ninth Circuit
The Ninth Circuit encompasses Alaska, Arizona, California, Guam, Hawaii, Idaho, Montana, Nevada, the Northern Mariana Islands, Oregon, and Washington. The Ninth Circuit has adopted a settlement program that uses experienced attorney mediators to conduct confidential settlement conferences prior to oral argument. The court has authority to direct a settlement conference in any civil appeal. If a judge conducts a settlement conference, he or she may not participate in deciding any aspect of the case.
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