Mediation was originally intended to supplement the Court's 1986 Case Management Plan, which was undertaken to accommodate a sixty percent increase in filings and pending cases over a two-year period. It was also intended to help parties by curtailing the expense involved in protracted appeals and by providing a forum to stimulate the development of creative resolution options that are not likely to be achieved through Court order or through the independent action of the parties. The Appellate Mediation Program uses mediation to achieve settlement of cases. It also encourages the settlement of some issues in a case and the procedural streamlining of cases to simplify briefing and to reduce motions activity. Mediation efforts that are unsuccessful initially may result, weeks or even months later, in settlement.
Mediation differs considerably from arbitration and negotiation.
In arbitration, an outcome is imposed upon the parties. In negotiation, discussion takes place between the parties, usually with no assistance from a neutral. In mediation, a neutral helps parties reach a resolution that is acceptable to them. Cases are settled only if the parties agree to a course of action that will terminate their case so that no further Court involvement is required. The Appellate Mediation Program has had a significant impact on the Court's workload.