The Appeal of Appellate Mediation: Making the Case for an Attractive Dispute Resolution Tool

Appellate mediation is a way to resolve a dispute after a court ruling, saving time and resources. It educates parties about the appellate process and helps manage their expectations. It also shows that appealing a decision is challenging and can be risky. It can be a valuable tool in settling a dispute. Appellate mediation can help resolve a whole case, not just the specific issues on appeal. This can save a lot of money because it avoids the costs of additional litigation. It also helps parties realize that pursuing an appeal can be very expensive, and winning might lead to even more costs. Appellate mediation timing is super important. Starting mediation early can save time and money, and can even resolve some issues before the appeal even happens. But sometimes it’s best to wait until after the initial brief is filed to show the other party how strong your case is. This might make them more willing to compromise. Timing is everything! The U.S. Court of Appeals for the 11th Circuit has a mediation program for civil cases. Most cases are eligible for mediation, which is conducted by court mediators at no cost to the parties. Parties have to submit statements before the mediation, and the mediator reviews the case beforehand. During the mediation, all necessary people and their lawyers must be present. If a settlement is reached, both parties file a motion to dismiss the case. However, the settlement does not automatically stop any requirements from the court, so parties may need to request an extension for deadlines. The Fifth District Court of Appeal in Florida has a mediation program for civil and family law cases. It started in 2001 and became permanent in 2004. 30 percent of cases sent to mediation have been resolved. The program is different from the 11th Circuit and is overseen by three judges who are also certified mediators. If a case is chosen for mediation, it is mandatory for the parties to participate. If the judge decides that mediation won’t be helpful, the case goes through the regular appeals process. If two parties in a court case can’t agree, a mediator will be randomly chosen to help them reach a settlement. The deadline for the appeal will be extended if mediation is ordered, and the parties will split the cost. If mediation is successful, the case will be settled accordingly. If not, the appeal will continue as normal. It’s important to consider the benefits of mediation in an appellate case, as it can help avoid further legal battles and lead to a satisfying resolution for both parties. In 2006, Florida’s district courts of appeal received a total of 24,000 appeals. Mediation is a way to help solve legal disputes without going to court. In the 11th Circuit Court of Appeals, there is a center called the Kinnard Mediation Center that helps with mediation. They mediated over 800 appeals in 2002, and over 900 appeals in 2004. The center follows specific rules and procedures for mediation. Other courts of appeal used to have mediation programs, but they were stopped because of money issues. This passage provides information about appellate mediation programs offered by the Fifth District Court of Appeal in Florida. It includes links to mediation forms and details about the program. It is written by two attorneys who specialize in appellate practice. The passage also mentions the Appellate Practice Section of The Florida Bar.

Source: https://www.floridabar.org/the-florida-bar-journal/the-appeal-of-appellate-mediation-making-the-case-for-an-attractive-dispute-resolution-tool/