Appellate mediation
As well as being a lawyer for one side in an appeal, John Derrick serves as a neutral mediator in civil cases. He is on the panel of mediators appointed by the Second District Court of Appeal in Los Angeles and is also available for private mediations throughout the state.
His mediation practice focuses on cases that are on appeal or that are ready to go to appeal.
Settling cases that have gone all the way to appeal is not easy. The fact that a case has gone that far indicates that — for whatever reason — it was not one that was very amenable to settlement. Furthermore, a prevailing party in the trial court often feels quite invincible. And the party that lost in the trial court may find it hard to come to terms with the new power imbalance that exists once a judgment is in place. Add to that the hardened feelings that may have come out of a trial, and the prospects of reaching a negotiated resolution may seem daunting.
That said, mediations can and do take place at this stage, sometimes under the auspices of appellate courts and sometimes independently. And some cases do settle. Settlement brings finality, even if neither side gets everything they want. It avoids the lengthy delay caused by an appeal — usually, at least a year and sometimes two years or more. And it gives both sides an opportunity to control the outcome.
If you are a lawyer or a party wanting to try to settle a case, it makes sense to choose a mediator who is experienced in the appellate process. Just as appellate lawyering is very different from trial court lawyering, so appellate mediation requires a different skill set from other forms of mediation. As with all things to do with appeals, it makes sense to engage a specialist.
His mediation practice focuses on cases that are on appeal or that are ready to go to appeal.
Settling cases that have gone all the way to appeal is not easy. The fact that a case has gone that far indicates that — for whatever reason — it was not one that was very amenable to settlement. Furthermore, a prevailing party in the trial court often feels quite invincible. And the party that lost in the trial court may find it hard to come to terms with the new power imbalance that exists once a judgment is in place. Add to that the hardened feelings that may have come out of a trial, and the prospects of reaching a negotiated resolution may seem daunting.
That said, mediations can and do take place at this stage, sometimes under the auspices of appellate courts and sometimes independently. And some cases do settle. Settlement brings finality, even if neither side gets everything they want. It avoids the lengthy delay caused by an appeal — usually, at least a year and sometimes two years or more. And it gives both sides an opportunity to control the outcome.
If you are a lawyer or a party wanting to try to settle a case, it makes sense to choose a mediator who is experienced in the appellate process. Just as appellate lawyering is very different from trial court lawyering, so appellate mediation requires a different skill set from other forms of mediation. As with all things to do with appeals, it makes sense to engage a specialist.
