10th Cir. R. 33

33.1 Mediation conference.

(A) Circuit mediation office; purpose of mediation conference.

The circuit mediation office may schedule and conduct mediation

conferences in any matter pending before the court. The primary

purpose of a conference is to explore settlement, but case

management matters may also be addressed.

(B) Participation of counsel and parties. Counsel must participate

in every scheduled mediation conference and in related

discussions. Generally, a party may participate but need not

unless required by the circuit mediation office. Conferences are

conducted by telephone unless the circuit mediation office

directs otherwise.

(C) Preparation of counsel for mediation conference; settlement

authority. Counsel must consult with their clients and obtain as

much authority as feasible to settle the case and agree on case

management matters in preparing for the initial conference.

These obligations continue throughout the mediation process.

(D) Confidentiality. Statements made during the conference and in

related discussions, and any records of those statements, are

confidential and must not be disclosed by anyone (including the

circuit mediation office, counsel, or the parties, and their agents

or employees), to anyone not participating in the mediation

process. Proceedings under this rule may not be recorded by

counsel or the parties.

(E) Conference order; mediator authority. The circuit mediation

office may cause a judgment or order to be entered controlling

the course of the case or the mediation proceedings. The circuit

mediation office and its mediators are delegates of this court.

Any conference orders or other communications from the circuit

mediation office must be treated the same as any other court

directive.

(F) Extensions for ordering transcript or filing brief. The time

allowed by Federal Rule of Appellate Procedure 10(b)(1) for

ordering a transcript and by Rule 31.1 for filing briefs is not

automatically tolled pending a conference. If a conference has

been scheduled, counsel may contact the circuit mediation office

for an extension of time to order a transcript or to file a brief.

(G) Request for mediation conference by counsel. Counsel may

request a mediation conference by contacting the circuit

mediation office. The office will determine whether a conference

will be held.

(H) Sanctions. The court may impose sanctions if counsel or a party

violates this rule or an order entered under it.