TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: January 2, 2013
RE: Rule 5, N.D.R.App.P., Appellate Mediation Program; Rule 8.9, N.D.R.Ct., Roster of Alternative Dispute Resolution Neutrals; Appendix B, N.D.R.App.P., Appellate Mediation Protocol
The Supreme Court has referred Rule 5, Rule 8.9 and the appellate mediation protocol to the committee for review and comment. The Court would like the committee to examine these proposals and make suggestions for improvement. It would also like the committee to provide general comments on the proposals.
These proposals were developed by the Joint Alternative Dispute Resolution Committee. They have been submitted to the Court and reviewed by the SBAND Board of Governors.
Proposed Rule 5 is a completely new rule. It would establish an appellate mediation program for a limited category of family law and probate appeals.
The amendments to Rule 8.9 would create a roster of appellate mediation neutrals to serve as mediators for the program. Under the current draft, these neutrals would need to be licensed attorneys. Members of the Court asked whether it would be advisable to amend the proposal to allow retired, non-licensed attorneys to act as appellate mediators. This is something the committee may wish to discuss.
The appellate mediation protocol, which would be Appendix B to the Rules of Appellate Procedure, is basically the guidebook on how the program is supposed to run. Members of the court wondered whether the case closing procedure at the very end of the protocol needs to be modified to ensure that any agreement that comes out of the mediation is properly prepared and filed with the district court. This is something the committee may wish to discuss.
The appellate mediation proposals are attached.