Appellate mediation
As well as being an appellate lawyer, John Derrick is available as a neutral mediator in civil cases that are being appealed or clearly headed there. He has a separate website devoted to his appellate mediation practice:
www.appellatemediation.com
Settling cases that have gone all the way to appeal is not easy. The fact that a case has gone that far often 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. 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.
When making contact, please be clear whether you are contacting John as a lawyer or as a mediator. For obvious ethical reasons, once he has had a conversation in his capacity as a lawyer, he cannot then become a mediator in that same case. And before contacting John about setting up a mediation, be sure to read this.
www.appellatemediation.com
Settling cases that have gone all the way to appeal is not easy. The fact that a case has gone that far often 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. 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.
When making contact, please be clear whether you are contacting John as a lawyer or as a mediator. For obvious ethical reasons, once he has had a conversation in his capacity as a lawyer, he cannot then become a mediator in that same case. And before contacting John about setting up a mediation, be sure to read this.