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The First Circuit's Civil Appeals Management Program (hereinafter CAMP) is governed by 1st Cir. R. 33.0.
The process begins with the filing of a Notice of Appeal with the Clerk of the Court of Appeals who
notifies the appellant of the program. The appellant is required to file a Docketing Statement
both with the Clerk and Settlement Counsel in the form required by 1st Cir. R. 3.0(a). The Clerk also
notifies Settlement Counsel of all civil appeals considered eligible for the program.
The First Circuit's rule mandates mediation of all civil appeals, except habeas corpus, prisoner petitions, pro se cases, National Labor Relations Board (NLRB) enforcement petitions and original proceedings, such as mandamus. Although the rule grants Settlement Counsel the discretion to decide in which cases the parties shall be required to attend a pre-argument conference, it is the practice to require such a conference in all eligible cases unless the information supplied by the parties demonstrates, in the opinion of Settlement Counsel, that there is no reasonable likelihood of settlement. Such cases amount to a very small percentage of the cases eligible for the program. When Settlement Counsel has been notified of a pending appeal, a conference is scheduled. The parties are directed to file a preconference, confidential memorandum at least one week prior to the scheduled conference containing, inter alia, the following: An express representation as to whether the party, party representative, and/or counsel will participate in the settlement conference and process in good faith and with the intention of using their best efforts to settle the case (this is not a request to commit to settle the case regardless of the settlement terms or opportunities presented); An express representation as to whether the party, party representative, counsel and other person assisting such party or counsel will maintain confidentiality with respect to settlement communications made or received during or in connection with the conference; History of settlement negotiations before and since the judgement or order appealed from; The major points of error that are the focus of the appeal (appellant is instructed to forthwith generally inform the appellee of such points of error); and Important factors (factual, legal, practical) which counsel believes affect his/her client's chances of prevailing upon appeal, and which affect the terms and conditions upon which the case may reasonably be settled. In addition, appellants are required to submit a copy of the orders, memoranda or opinions from which the appeal has been taken. The attorneys are also informed that their clients are required to attend the conference unless excused. The conferences run generally from one to three hours with the norm being about two to two and a half hours. In special circumstances the conference may be conducted by telephone, but in-person conferences are preferred because experience demonstrates that in-person conferences are much more likely to produce positive results. After the initial conference, settlement counsel may conduct one or more follow-up telephone conferences and, in some cases, have the parties appear for a subsequent in-person conference. When the process has run its course, a report is filed with the Clerk's Office indicating only that the case has been settled or that it has not been settled. |