Why Mediate While a Case is on Appeal?
by Tennessee mediator Margaret M. Huff
Some trial attorneys ask - why mediate a case that is on appeal? Their clients may know the answer. Former Chief Justice Burger once said, 'The notion that most people want black-robed judges, well-dressed lawyers, and fine paneled courtrooms as the setting to resolve their dispute is not correct. People with problems, like people with pains, want relief, and they want it as quickly and inexpensively as possible.' Warren E. Burger, former Chief Justice United States Supreme Court, "Our Vicious Spiral," Judges Journal 22, 49 (1977). Mediation of cases pending on appeal can offer:• respect for courts: enhance respect for courts by providing dispute resolution tools that give parties an opportunity to try to solve their problems with some help from a court-sponsored appellate mediation program• forum for settlement: provide forum for settlement discussions - a mechanism to engage in settlement discussion post-trial without appearing “weak” to other side; increase litigant satisfaction with the judicial process; reduce adversarial culture of litigation• share information: expand the information base on which parties make key decisions in litigation and settlement• creative, constructive and workable solutions: expand parties’ opportunities to act creatively and constructively; enable the parties to participate in resolving the dispute and create workable, mutually satisfactory solutions with high rate of compliance• risk assessment: assess, and in some cases eliminate, risks of appeal• reduce cost: reduce cost of appeal and possible further trial proceedings• efficiency: efficiency, including help resolving issues and cases that do not require court decisions; reduce time to resolution• global settlements: create opportunity for global settlement of related disputes among the parties• relationships and other non-legal aspects of litigation: may preserve/heal relationships; expand the parties’ tools for dealing with the psychological, social and/or economic dynamics that underlie most cases• quality of justice: contribute to the quality of justice, even in non-settled cases - the mediation process can highlight strengths and weaknesses of each party’s position, thereby encouraging parties to narrow issues and present more focused briefs and better oral arguments on appealCopyright Margaret M. Huff (2007-2009). All rights reserved.
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(for information on Tennessee Rules of Appellate Procedure Rule 34 (regarding voluntary appellate mediation in Tennessee) and Rule 37 (regarding mediation of workers compensation cases) go to ADR Resources: Appellate ADR)
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Margaret Huff Mediation
PHONE: 615.812.5557
ADR Articles - Mediate Appeals
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Margaret Huff Mediation PO Box 121951 Nashville TN 37212-1951
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