In cases in which oral argument is to be heard, additional topics might include the issues to be argued and the time permitted for oral argument. The conferences are designed to reduce the time and expense of appellate cases. Lead counsel must be prepared to negotiate in good faith, express their views on the merits of the case, and articulate their clients' interests. The circuit mediator conducts the conferences in a series of joint and separate sessions, talking with both sides together and then with each side separately. Initial conferences generally begin with an inquiry about any procedural issues that can be resolved by agreement, such as questions about record excerpts or the need for a specially tailored briefing schedule.
Discussion then moves to an explanation by each party of the issues on appeal.
The purpose of this discussion is not to decide the case or reach a conclusion about the issues, but to understand the issues and evaluate risks to both sides. In many cases, a candid examination of these issues is helpful in reaching a consensus on the settlement value of the case. The circuit mediator inquires about settlement and probes for each party's interests, often in private discussion with each side. Every effort is made to generate offers, counteroffers, and alternative settlement options until the parties either settle or know the case cannot be settled. The circuit mediator may also mediate related trial court cases, frequently in an attempt to achieve a global settlement of various lawsuits or proceedings.