Court-sponsored appellate mediation is a flexible, confidential process in which a neutral person, trained and appointed by the Mediation Office, assists the parties with reaching a negotiated solution. The decision to settle or not settle all or part of a case remains with the parties. If no agreement is reached, the case continues through appeal to a decision, although mediation can be revisited at a later stage.

The mediation process typically involves one or more sessions in which counsel, parties, persons with settlement authority, and the mediator participate. The mediator also will meet separately with the parties and their counsel. Mediation sessions are conducted in-person, by video conference, and by telephone. The mediator does not render a decision or dictate a settlement. The mediator’s role is exclusively to assist the parties in understanding their options and risks and reaching a mutually acceptable full or partial resolution when possible.

Because mediation is a flexible alternative to the formal court process, the parties are free to consider solutions involving options of interest to them that are not encompassed by the matter presently pending before the Court. For that reason, agreements reached in mediation can be even more comprehensive, creative, or satisfying to the parties than what might be achieved in a decision rendered by the Court. Other times, agreements reached in mediation simply reflect the parties' wish to avoid the time, costs, or risks of continued litigation.