The Appellate Mediation Program has had a significant impact on the Court's workload. Cases that are settled do not proceed to oral argument, thus saving the time of judges and law clerks who would otherwise prepare for argument. Issues and positions are clarified in the mediation process so that, even if settlement is not achieved, the Court benefits from more efficient briefing. Finally, mediation frequently saves time and money for the litigants them-selves. It can also produce agreements that meet their needs more effectively than the relief that could be provided through judicial disposition.
Mediation is offered at no cost to the parties.
Screening occurs after dispositive motions have been decided and, in any event, no sooner than 45 days after a case has been docketed in the Court of Appeals. No criminal cases enter the program. Civil cases are reviewed on an individual basis, with a number of factors considered in making the eligibility determination. These factors include the nature of the underlying dispute, the relationship of the issues on appeal to the underlying dispute, the availability of incentives to reach settlement or limit the issues on appeal, the susceptibility of these issues to mediation, the possibility of effectuating a resolution, the number of parties, and the number of related pending cases. Uncounseled cases, while not categorically excluded, are rarely referred to mediation.