What is mediation in appellate courts?
Mediation is a scheduled and authorized hearing under a court rule or procedure with a mediator and attorneys for the parties in a dispute. The parties might be present, but it is more likely attorneys will represent their clients at a session and contact them by telephone if necessary and appropriate. The manner in which mediation sessions are arranged and conducted varies from court to court because they have to be integrated into a court’s ongoing procedures. No model rule of mediation can be inserted into every court’s rules of civil appellate procedure, but some common characteristics of mediation in appellate courts are apparent. Before the hearing, attorneys provide the mediator with a summary of the case and their basic arguments. The mediator decides which cases are suitable candidates for mediation by applying explicit and subjective criteria. If the criteria are met, a mediator schedules a hearing. Most mediation sessions are mandatory, although attorneys can petition the co
