Typically, three joint conferences are scheduled per case, not including ex parte follow-up telephone calls. Because settlement is voluntary, no actions affecting the interests of any party are taken without the consent of all parties. If a settlement is reached, counsel for the parties prepare the settlement agreement, which is binding upon all parties to the agreement. If parties need a post-settlement extension or stay of the briefing schedule, they send a letter request directly to the circuit mediator. If the case does not settle, the circuit mediator declares an impasse.
Negotiations can resume at any time until the case is terminated by the clerk of the court.
The scheduling of a conference does not automatically toll the running of time periods for filing briefs or ordering transcripts or otherwise automatically stay appellate proceedings. However, the circuit mediator may grant counsel's request for enlargement of the briefing period if negotiations are productive and all parties and the circuit mediator agree. Such requests may be made by letter to the circuit mediator. Cases that do not settle in the conference process may continue in mediation until the court decides the issues on appeal. Parties and their counsel also agree to maintain this confidentiality, which extends to nondisclosure in briefs or arguments to the court.