Appellate Mediation

What Is Appellate Mediation?

Appellate mediation occurs when a case is on appeal before a Florida District Court of Appeal. Appellate cases may be referred to mediation to explore settlement before briefs are filed and oral argument occurs.

When Appellate Mediation Happens

Appellate mediation typically occurs:

• After a notice of appeal is filed
• Before briefs are due
• When ordered by the appellate court
• When parties voluntarily agree to mediate

Common Appellate Issues

• Civil appeals from circuit or county court
• Administrative appeals
• Family law appeals
• Appeals involving statutory interpretation
• Cases with significant settlement value despite appellate procedural issues

The Appellate Mediation Process

Appellate mediations are unique because:

• Parties have already been through trial
• Legal arguments are more developed
• The focus is often on risk assessment (what are the chances on appeal?)
• Attorneys typically lead the discussions
• Settlement must account for appellate costs and delay

What Happens in Appellate Mediation

1. Opening: Review of procedural posture and issues on appeal
2. Discussion: Each side presents their appellate arguments and assessment of the case
3. Risk analysis: Evaluate the likelihood of reversal, affirmance, or remand
4. Settlement exploration: Discuss options that resolve the case without further appeal
5. Documentation: If settlement is reached, parties prepare a stipulation for dismissal

Why Mediate an Appeal?

• Cost savings: Appeals are expensive (briefs, record preparation, oral argument)
• Time savings: Appeals take 1-2 years; settlement is immediate
• Risk management: Even strong appeals have uncertainty
• Finality: Settlement ends the case; appeals can lead to remand and more litigation
• Control: Parties decide the outcome rather than leaving it to the court

Preparing for Appellate Mediation

Appellate mediation requires thorough preparation:

• Review the trial record and key evidence
• Understand the issues preserved for appeal
• Assess the standard of review
• Consider the likelihood of success on appeal
• Calculate costs of continuing the appeal
• Identify settlement ranges that account for appellate risk

Cost & Scheduling

See the Rates page for current fees.