What Should Appellate Mediation Look Like?

For a case to reach the appellate level is a rare feat indeed.  It has been estimated that nearly ninety-five percent of all cases will settle before trial. Of the remaining five percent, only the most difficult and stubborn will proceed to the appellate level.  This creates a unique environment for alternative dispute resolution (ADR).  Although many of appellate law’s unique features appear to run contrary to the viability of the mediation mechanism, experience has revealed that appellate mediation programs have overall been widely viewed as successful. Indeed, parties and their attorneys have both strong legal and non-legal incentives to submit to appellate mediation.

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