The Circuit Mediator presides at mediations in civil appeals. The primary purpose of circuit mediation is to settle appeals and any related cases.
Graduation from an accredited law school, and at least three years of post-graduate experience, a significant portion of which involved trial and appellate work in federal courts. Significant training and experience in mediation. Knowledge of and experience working with the Federal Rules of Civil Procedure and the Federal Rules of Appellate Procedure. Thorough knowledge of all aspects of civil law and legal procedures. A comprehensive understanding of the dynamics, costs, impacts, and strategies of the litigation process. The ability to analyze complex legal and practical aspects of an appeal. An aptitude for collaborative problem-solving and consensus building processes. The ability to deal persuasively and tactfully with strong-willed and sophisticated counsel and parties and to develop creative and practical solutions in appeals involving a wide range of disputes and personalities. The ability to work independently without supervision, exercising judgment and discretion to maintain party confidences, control direction of negotiations, and modify the subsequent course of proceedings.
The Circuit Mediator is responsible for leading discussions of procedural and substantive legal issues involved in an appeal, conducting analysis of an appeal's settlement value, and probing for each party's interest in an effort to help the parties create and explore alternatives to continued litigation. This position performs sensitive and sophisticated mediation and must have exceptional legal skills and experience. The Code of Conduct for Judicial Employees prohibits otherwise engaging in the practice of law while employed by the judiciary except in certain limited situations. Responsibilities Serve as mediator and resolve cases through facilitated negotiations. Initiate, organize, and conduct conferences, in person or by telephone, to mediate the settlement of claims. Narrow issues through discussions with counsel and parties. Manage conflict between the parties. Assist parties to create and explore concerns and develop an understanding of their respective needs and interests. Review, analyze, and evaluate merits of the case, share evaluation with counsel and parties. Review court pleadings, docketing statements, briefs, mediation statements, and case law in preparation for the mediation conference or during the course of settlement negotiations. Assist counsel in drafting settlement agreements. The incumbent receives administrative support through the Chief Circuit Mediator (unit executive). Answer questions about mediation. Educate the public and bar about court mediation programs. Mediate cases referred by panel of judges or other court staff. Contribute information for the preparation of statistical reports concerning the referral and disposition of cases, as needed. Have primary responsibility for administrative management of assigned cases. May conduct special projects at the direction of the Chief Circuit Mediator. Perform other functions within the KMC as assigned.