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Appellate Mediation Office
Utah Court of Appeals
Appellate Practice Section
June 10, 1999
Why mediate at the appellate level?
- good public policy
- provides an alternative
- reduces caseload and increases efficiency of the appellate court
- mutually satisfactory solutions, not win/lose
- often resolves other cases
- addresses interests of the parties, rather than only legal claims
- parties/attorneys know the case
- clients may be more prepared to settle
- new and different risks are present
- reversal on summary judgment can mean a new trial
- court decision can set adverse precedent
- possibility of a certiorari petition
- addresses human angles - fairness, justice, financial needs
- allows attorneys support with recalcitrant clients
- provides an opportunity to be heard
What is the process at the Appellate Mediation Office?
- Can request the Utah Court of Appeal or the Utah Supreme Court to
refer a case to mediation
- Order for Prehearing Mediation Conference - after docketing statement
- Record review
- Conference
- role of neutral
- confidentiality
- status of case
- rules
- mediator background
- process - appellant, appellee, parties, caucuses, options, negotiations,
closure
- Dismissal or Termination
- Parties discuss final terms, discuss details, follow-up
- Termination
- Stipulation or Motion to Dismiss/Order
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