Mediation is an attempt to assist the parties in understanding their interests, assessing their risks, and negotiating a mutually acceptable resolution. The Appellate Mediation Office, while an official function of the Utah Court of Appeals, operates independently of the court. Because the purpose of mediation is to allow the parties a confidential environment within which to explore the possibilities of settlement, discussions with the Appellate Mediation Office are confidential. The judges of the Utah Court of Appeals believe that by providing a mediation option attorneys and citizens who find themselves before the court will be better served. Both financial and emotional costs to the parties, as well as costs to taxpayers generally, can be greatly reduced by a successful mediation.
Studies indicate greater public satisfaction with mediated solutions.
Obtaining a reversal or affirmance from the appellate court involves some risks. Mediation allows the parties an opportunity to examine their interests and needs, assess the risks on appeal, and determine whether they can reach a mutually satisfactory solution. In addition, mediation is generally faster and cheaper than litigation, and the parties can fashion creative solutions. Thus, mediation provides another method of resolving disputes. The appeal continues to proceed while cases are in mediation.