4th Cir. R. 33

All civil and agency cases in which all parties are represented by counsel on appeal will be

reviewed by a circuit mediator after the filing of the docketing statements required by Local Rule

3(b). The circuit mediator will determine whether a mediation conference may assist either the

Court or the parties. Counsel for a party may also request a conference if counsel believes it will be

of assistance to the Court or the parties. Counsel's participation is required at any scheduled

conference. Mediation conferences will generally be conducted by telephone but may be conducted

in person in the discretion of a circuit mediator. Mediation conferences may be adjourned from time

to time by a circuit mediator. Purposes of the mediation conference include:

(a) Jurisdictional review;

(b) Simplification, clarification, and reduction of issues;

(c) Discussion of settlement; and

(d) Consideration of any other matter relating to the efficient management and disposition of the

appeal.

Although the time allowed for filing of briefs is not automatically tolled by proceedings under

this local rule, if the parties wish to pursue, or are engaged in, settlement discussions, counsel for

any party may move to extend the briefing schedule. The mediator, through the Clerk of the Court,

may enter orders which control the course of proceedings and, upon agreement of the parties,

dispose of the case.

Statements and comments made during all mediation conferences, and papers or electronic

information generated during the process, are not included in Court files except to the extent

disclosed by orders entered under this local rule. Information disclosed in the mediation process

shall be kept confidential and shall not be disclosed to the judges deciding the appeal or to any other

person outside the mediation program participants. Confidentiality is required of all participants in

the mediation proceedings. All statements, documents, and discussions in such proceedings shall be

kept confidential. The mediator, attorneys, and other participants in the mediation shall not disclose

such statements, documents, or discussions without prior approval of the Standing Panel on

Attorney Discipline. Any alleged violations of this rule shall be referred to the Court’s Standing

Panel on Attorney Discipline for a determination pursuant to Local Rule 46(g) of whether imposition

of discipline is warranted. All proceedings before the Standing Panel on Attorney Discipline

involving confidential information under this procedure shall be confidential.