Any case filed may be referred to mediation at the discretion of the court, but under no circumstances may the following categories of actions be referred:
- (a) Criminal and post-conviction cases.
- (b) Habeas corpus and extraordinary writs.
- (c) Civil or criminal contempt.
- (d) Involuntary civil commitments of sexually violent predators.
- (e) Collateral criminal cases.
- (f) Other matters as may be specified by administrative order.
What Cases Cannot Be Mediated: While appellate courts have broad discretion to send most civil cases to mediation, this rule lists specific types of cases that are strictly prohibited from being referred to mediation.
Ineligible Cases:
- Direct criminal appeals and post-conviction relief cases.
- Petitions for extraordinary writs, such as habeas corpus or mandamus.
- Appeals involving findings of civil or criminal contempt.
- Cases involving the involuntary commitment of sexually violent predators.
- Any other type of collateral criminal case.
Essentially, any case that is criminal in nature, or involves fundamental liberty interests, is not eligible for the appellate mediation process.
