Mediation Form. This is a California form and can be use in Second Appellate District Court Of Appeals.
Tags: Mediation Form, California Court Of Appeals, Second Appellate District
CONFIDENTIAL Court of Appeal Case Number: COURT OF APPEAL, SECOND DISTRICT, MEDIATION Attorney (Name, State Bar Number, address, telephone no. and email address): FOR COURT USE ONLY Attorney For: MEDIATION FORM NOTE TO ALL COUNSEL: This form is sent to each counsel. Do not serve opposing counsel with the answered form. Submit form back to firstname.lastname@example.org within 10 days. Mediation will be scheduled once all forms are received. A. Trial Court Proceedings: 1. Subject Matter of Case Defamation Disability Discrimination Education Elder Abuse Eminent Domain Employment/ Labor Entertainment Environmental Family Health Care Housing/HOA Insurance Intellectual Property International Landlord-Tenant Legal Malpractice Medical Malpractice Partnership Personal Injury Premises Liability Probate (Conservatorship) Probate (Dec. estates) Probate (Trust) Product Liability Real Estate (Commercial) Real Estate (Residential) Securities Tax Antitrust Anti-SLAPP Bankruptcy Business/Commerce Civil Rights Construction Contracts Corporation 2. Summarize the events that led to the lawsuit. 3. Plaintiff for (cause of action) (continued from above) (name) filed suit against defendant (name) A cross-complaint was filed by for (name) against (name) (cause of action) (continued from above) 4. Plaintiff was seeking $ for damages. 1|Mediation Form American LegalNet, Inc. www.FormsWorkFlow.com Case Name: Court of Appeal Case Number: Cross complainant was seeking $ for damages. This case is a question of equity and does not involve a monetary amount. The plaintiffs were seeking: 5. Type of trial: Jury Judge No trial was held on the merits of the case Trial court entered one of the following appealable orders: Judgment Order sustaining Plaintiff's Demurrer Order granting Ptf's Motion for Summary Judgment Other: 6. The trial court awarded $ to the . Order for JNOV Order sustaining Defendant's Demurrer Order granting Def's Mot for Summary Judgment This case is a question of equity, the trial court ordered/prohibited the following: 7. 8. The trial court awarded $ There are are no related matters pending in the trial court. for attorneys fees. (List all related Superior Court case number) 9. The cross appeal has has not been disposed of. B. Appellate Court Proceedings: 1. The question on appeal primarily disputes: the amount awarded to opposing party the amount awarded for attorneys fees the facts the trial court relied on in the judgment the interpretation of law applied by the trial court (cite the statute or law that you believe the trial court misinterpreted) 2|Mediation Form American LegalNet, Inc. www.FormsWorkFlow.com Case Name: Court of Appeal Case Number: 2. Appellant to select one of the following I recognize that there is no new question of law on the issues involved in this case but I believe I will prevail I believe there is a new question of law and the court will reverse the judgment (state the specific issue that you anticipate will set new precedence) Respondent to select one of the following I believe the court will affirm the judgment because there is no question of law in this matter I believe there is a new question of law but that the court will rule in my favor (state the specific issue that you anticipate will set new precedence) C. Mediation Proceedings: 1. MEDIATION SESSION DATES (Propose dates before the scheduled date of filing of the record. ) 2. PRE-MEDIATION TELEPHONE CONFERENCE DATES (List dates that precede Mediation Session dates by at least one week.) AM PM AM PM AM PM 3. DIAL-IN NUMBER AND PASSCODE FOR Pre-Mediation Telephone Conference Dial in number: Passcode: 4. How many times have the parties tried to settle the matter? When were settlement talks held? What were the results of each settlement attempt? 5. In mediation, one party must offer and one party must accept, which party are you? The party making the offer The party accepting the offer List the amount that you believe captures the true monetary value of the case $ If the case is a matter of equity, please list the terms you believe will result in a final resolution of the case. 6. 3|Mediation Form American LegalNet, Inc. www.FormsWorkFlow.com Case Name: Court of Appeal Case Number: 7. The parties are friendly hostile 8. List names and roles of those who will be present during mediation Plaintiff Defendant ___________ ___________ ___________ 9. Use this space for additional comments. Attorney for Plaintiff Attorney for Defendant Attorney for _____________ Attorney for _____________ Attorney for _____________ I declare that the foregoing is true and correct. DATE: Sign or initial: 4|Mediation Form American LegalNet, Inc. www.FormsWorkFlow.com