Alternative Dispute Resolution (ADR):
Counselor and Mediator

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United States Court of Appeals, 4th Circuit, Washington, DC.

Summary: The Circuit Mediator, who serves under the direction of the Chief Circuit Mediator and under the administrative umbrella of the Circuit Executive, presides at mediations in civil appeals. The primary purpose of circuit mediation is to settle appeals and any related cases. Duties of circuit mediators include leading discussions of procedural and substantive legal issues, conducting analyses of an appeal’s settlement value, and probing each party’s interests in an effort to help the parties create and explore options to continued litigation.

Duties: Serve as mediator and resolve cases through facilitated negotiations. Initiate, organize, and conduct proceedings to mediate the settlement of claims. Conduct independent legal research of the issues in preparation for the conference and during the course of settlement negotiations. Narrow issues through discussions with counsel and parties. Manage conflict between the parties. Assist parties in creating and exploring options to continued litigations. Work with disputants to clarify issues and develop an understanding of their respective needs and interests. Review, analyze, and evaluate the merits of the case, and share evaluation with counsel and parties. Review court pleadings, docketing statements, briefs, mediation statements, and case law. Assist counsel in drafting settlement agreements. Answer questions about mediation; educate the public and bar about court mediation programs. Mediate cases referred by panel of judges or other court staff. Prepare statistical reports concerning the referral and disposition of cases, as needed.

Qualifications: Graduation from an accredited law school, admitted to practice before the highest court of a State, Territory, Commonwealth, or possession of the United States, and at least 15 years of progressively responsible post-graduate legal work experience including at least one year equivalent to work at CL-30. Demonstrated aptitude for collaborative problem-solving and consensus building. Knowledge of and experience working with the Federal Rules of Civil Procedure and the Federal Rules of Appellate Procedures within the federal courts. Federal court experience within the Fourth Circuit is preferred. Knowledge of all aspects of civil law and legal procedures. Understanding of the dynamics, costs, impacts, and strategies of the litigation process. Skill in mediation tools and techniques and in leading mediation sessions in person and by teleconference. Ability to analyze complex legal and practical aspects of an appeal. 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. Ability to work independently without supervision, exercise judgment and discretion to maintain party confidences, control the direction of negotiations, and modify the subsequent course of proceedings.

Salary Range: $81,302 - $132,122.