Bar Bulletin

Bar Bulletin

Appellate Mediation: a Good Choice for Clients?

October 2021 Bar Bulletin

By Hon. Ronald E. Cox (Ret.)

Resolution of disputes may take different paths. One is full litigation from trial to exhaustion of all appeals. Another is direct negotiations between litigants. Here, I will discuss whether appellate mediation, rather than these other paths, is a good choice for your client.

Seeking Court Review. An aggrieved party may seek review of a trial decision by timely filing either a notice of appeal or a notice for discretionary review.1 What follows is often a lengthy, expensive, and uncertain process.

A trial decision in a civil case is enforceable pending review unless stayed.2 But a stay is conditioned on the posting of...

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