A second purpose is to identify and resolve, by agreement of the parties, any matters that may interfere with the smooth handling or disposition of the case. The Circuit Mediation Office began operations on April 1, 1991. The mediation program is governed by Fed. P. 33 and 10th Cir. A few cases scheduled for conference settled before the date set for the conference.
Most conferences are by telephone.
The circuit mediator may permit or require clients to attend the conference. The Circuit Mediation Office randomly selects cases for conferencing because limited staffing prevents conferencing every case, and the office finds it difficult to predict from case documents alone which cases are more likely to settle. Eligible cases reflect the variety of the court's civil docket. Among the many types of cases in the mediation program are bankruptcy appeals, tax appeals, and agency cases such as petitions for review of nlrb decisions. Selection process The Circuit Mediation Office randomly selects cases from the pool of all newly docketed eligible cases.