Civil Litigation,
California Courts of Appeal,
Appellate Practice,
Alternative Dispute Resolution
May 18, 2018
The last frontier of ADR: appellate mediation
I urge those of you engaged in appellate work to join the burgeoning army of legal pioneers exploring and “settling” this last frontier of ADR.
Courts have found that probate and family law appeals, which almost always involve the practicality of "wasting assets," and which often arrive at the appellate level with the parties emotionally exhausted, enjoy the highest settlement rates. (Shutterstock)
To some, "appellate mediation" may sound like an oxymoron. After all, one side has already "won," and the losing party has filed an appeal hoping that legal arguments can be thrown at the seemingly insurmountable wall of appellate standard of review sufficient to breach it.
But, those of us who have worked to establish appellate mediation as a worthy sibling to trial case mediation know that the change in forum also brings with it ch...
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