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Tuesday, March 21, 2006 12:24:49 PM
The Second Circuit mediation program, Civil Appeals Management Plan (“CAMP”), was established in 1974. The Second Circuit employs three full-time staff counsel who conduct the CAMP conferences. Nearly all docketed civil cases are referred to the Office of Staff Counsel, which then issues a scheduling order that
includes a mandatory pre-argument conference. Together the three staff attorneys conference approximately 1,200 cases each year. The program is sparsely staffed and does not have the resources to maintain independent program statistics. Although the focus of the program is settling cases, it also provides a means to narrow issues, eliminate meritless arguments and appeals, and resolve procedural issues.
The Senior Staff Counsel estimates that forty-five to fifty percent of the cases settle each year. The Senior Staff Counsel also recalled an unpublished study that was commissioned by the Second Circuit and performed by Professor Maurice Rosenberg almost twenty years ago on the Second Circuit mediation program. He informed me that Professor Rosenberg concluded, in his report to the Second Circuit, that the Circuit’s mediation program saved two full-time judges and their staffs comprised of three to four law clerks and a secretary for each judge.
http://www.wcl.american.edu/journal/lawrev/50/Ginsburg.pdf.
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