A: The Civil Appeals Mediation Program (CAMP), is a court-annexed mediation program at the United States Court of Appeals for the Second Circuit.
Local Rule 33.1 governs CAMP.
Q: How can I contact CAMP?
A: The best way to contact CAMP is by email to
camp_support@ca2.uscourts.gov. Alternatively, you can call the CAMP office at (212) 857-8760. We are open between 8:30am and 5:00pm, Monday through Friday, excluding federal holidays.
Q: Does mediation affect the briefing schedule?
A: No, the briefing schedule is not adjourned or otherwise extended due to mediation.
Q: I have not yet been admitted to the Second Circuit. Can I still participate in the mediation conference?
A: Yes. Admission is not necessary to participate in the mediation conference. For assistance with admission, see the
Attorney Admissions page.
Q: What policies and procedures should I be aware of regarding CAMP?
A: CAMP policies and procedures are set forth
here. Counsel should discuss these policies and procedures, and CAMP confidentiality and settlement provisions with their clients before attending the mediation.
Scheduling and Attendance
Q: Will the mediation be in-person or by telephone?
A: The Court's order will indicate whether the conference is scheduled to be in-person or by telephone. Generally, mediations are scheduled to be in-person if the attorneys of record are within commuting distance of the courthouse. Otherwise, the conferences are scheduled to be by telephone on our customized conference software. If a client is not within commuting distance, counsel may request permission for their client to participate by phone. All requests must be made in writing by email to camp_support@ca2.uscourts.gov.
Q: Where will the in-person mediation be held?
A: The Court's order will provide the address. The CAMP office is located in room 622 (6th floor) of the Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, NY. Use the Pearl Street elevators for access to room 622.
Q: Can I bring my electronic device to the mediation?
A: Yes. Electronic devices are only permitted for use in mediation conferences pursuant to the Standing Order. To enter the courthouse with an electronic device, you must present security with hard copies of both the mediation Order
and the attached Standing Order.
Q: How do I obtain the information needed for my telephonic mediation?
A: Dial-in information, including an individual PIN, is sent by email to each counsel of record two weeks prior to the mediation conference.
PINs cannot be shared. To obtain PINs for parties and other additional participants, counsel must send the name, email address, and telephone number of each individual by email to camp_support@ca2.uscourts.gov.
Q: What if I cannot find my PIN for
the telephonic mediation?
A: Check your email for dates
approximately two weeks before the scheduled mediation. Be sure to check your
junk mail or spam folder. If you have not received
a PIN, send an email to
camp_support@ca2.uscourts.gov.
Q: Is mediation mandatory?
A: Yes. Under
Local Rule 33.1, the Court has the authority to direct counsel and parties to participate in a mediation conference. Nonetheless, any result reached in mediation is entered only upon consent of the parties.
Q: Who must attend the mediation?
A: The Court's order will instruct who the required attendees are – i.e., Counsel must attend with clients (and, if relevant, insurance representatives), unless otherwise provided by CAMP. Under
Local Rule 33.1,
CAMP is authorized to require clients to attend mediation.
Q: Who are appropriate representatives to attend the mediation?
A: The attorney who is familiar with the case and on whose advice the party currently relies must attend the mediation. If counsel's client is not required to attend the mediation, then counsel must have settlement authority. If clients are required to attend, a client representative with settlement authority must participate. CAMP is mindful of the unique position of a governmental entity as a litigant and participant in mediation. Accordingly, when a government entity is ordered to mediation, CAMP generally does not require clients to attend with government counsel,
provided that government counsel attending the mediation is fully authorized to make a settlement recommendation and the ultimate government decision-maker is available by telephone. (See 28 U.S.C.A. §473[b][5]; see also
United States v. U.S. Dist. Court for N. Mariana Islands, 694 F.3d 1051, 1059 [9th Cir. 2012], as amended [Oct. 16, 2012];
In re Stone, 986 F.2d 898, 903 [5th Cir. 1993]).
Q: My case won't settle. Can I cancel the mediation?
A: Generally, no. The Court is very mindful of using participants' time efficiently and effectively. Court ordered mediation has many benefits other than settlement, including assisting counsel and parties in assessing their options and interests. Even if no settlement is reached, mediation can be productive because issues are narrowed for briefing, parties are empowered because they speak for themselves, groundwork is laid that improves the chances of resolution in the future, and jurisdictional issues are spotted early, which may save the parties further time and expense.
Q: How do I request an adjournment of the mediation conference?
A: A timely adjournment request should be made in writing by email to
camp_support@ca2.uscourts.gov, and copied to opposing counsel. If the request is on consent, counsel should provide at least three agreeable alternate dates. Last minute requests will only be granted in case of an emergency.
Q: A mediation was not scheduled in my case. May I request one?
A: Yes. Please send an email request to
camp_support@ca2.uscourts.gov explaining why you think mediation will be helpful. CAMP will respond promptly. You do not need to get consent from opposing counsel, notify them, or copy them in your email.
Q: What happens if a stay is entered in my appeal after a mediation has been scheduled?
A: If a stay is entered in an appeal after a mediation has been scheduled, counsel should advise the CAMP office accordingly by email at camp_support@ca2.uscourts.go.
The scheduled mediation will automatically be cancelled. Counsel must notify the
CAMP office once the stay has been lifted so the mediation may be rescheduled.
Preparing for the Mediation Conference
Q: What should I do to prepare for the mediation conference?
A: Counsel should review their legal contentions so that they are prepared to discuss the prospects of the appeal and the case candidly. Equally important, counsel needs to confer with their client about underlying interests and settlement options.
Q: What should I do to prepare my
client for the mediation conference?
A: Counsel should familiarize themselves with
CAMP policies and procedures, and discuss CAMP confidentiality and
settlement provisions with their clients.
Q: Is the confidential mediation statement required?
A: No. The
mediation statement is not required but is strongly encouraged. It should be submitted by email to
camp_support@ca2.uscourts.gov at least two business days prior to the mediation conference. Do not file the statement with the Court. A copy does not need to be sent to opposing counsel.
Q: How long should I expect the mediation to last?
A: The Court's order instructs that counsel allot at least three hours for the mediation conference.
The Mediation Conference
Q: What happens at the mediation conference?
A: Disputes are inevitable, but litigation is not. Mediation is a party-centered, confidential, and interactive process where a neutral third-party (the mediator) assists counsel and parties to resolve disputes without further adjudication. Appellate mediation is often the last opportunity for the parties to craft a resolution themselves. Counsel and parties, with the assistance of a mediator, assess the costs and benefits of pursuing an appeal, and whether it is the best alternative to a negotiated agreement. The mediator will meet with the parties, both together and separately, and have a conversation to explore the prospect of amicable resolution and clarify appellate issues. Mediators use a wide variety of techniques and methodologies, including facilitation, issue evaluation, and risk-scenario analysis to guide the process in a constructive direction and help the parties consider resolutions outside the litigation process. In some cases, a settlement is reached after such discussions; if a resolution is not reached at the initial conference, a follow-up conference with the mediator may be scheduled. Even if a settlement is not reached, participation in mediation may lead to more concise briefs to aid the Court.
Q: Can we talk about more than just the specific issues on appeal?
A: Yes. The parties are invited and encouraged to explore the possibility of a global settlement of the entire dispute. The discussion could reach related litigation, arbitration, or even anticipated litigation.
Q: What is the role of the mediator?
A: The mediator is a nonjudicial neutral third-party who serves as an advocate of settlement. Counsel can expect the mediator to be familiar with the history of the litigation, the posture of the case, and the issues on appeal. The mediator may seek additional information about the dispute and the parties' interests, claims, and defenses in exploring the possibility of settlement. Mediators can overcome many of the barriers that prevent parties from identifying their underlying interests, needs, priorities, and goals. Mediators can assist each party in understanding the other's interests.
Q: Do I have to settle my case?
A: No. Whether to settle, or even to make or return a settlement offer, is ultimately for the parties and their counsel to decide. However, counsel and parties are required to participate in the mediation process in good faith. Experience has shown that settlements can often be achieved when neither side thought it was possible.
Q: Is mediation confidential?
A: Yes, as provided under
Local Rule 33.1 and applicable law.
After the Mediation Conference
Q: How do I file a stipulation?
A: All stipulations are filed using ECF. You may only e-file a stipulation on behalf of yourself. All other parties must either sign the stipulation in ink or e-file the same stipulation using their own ECF accounts.
Q: Who do I contact if I am having trouble with ECF filings?
A: The ECF helpdesk can be contacted by email at
ecfhelpdesk@ca2.uscourts.gov. Alternatively, you can call the ECF helpdesk at (212) 857-8630. Office hours are between 8:30am and 5:00pm, Monday through Friday, excluding federal holidays.
Q: How do I provide feedback on the mediation process?
A: At the conclusion of the mediation process, a survey will be sent by email to counsel. Any questions regarding the survey should be sent to CAMP by email at
camp_support@ca2.uscourts.gov.
