How Mediation Works

Which cases are eligible?

Most civil cases where the parties have attorneys can join the Mediation Program.

Cases come to us in these ways:

• After someone starts an appeal, they have to fill out and turn in the Mediation Questionnaire (Form 7) within seven days. A court mediator looks at their answers to decide if mediation might help. If the mediator needs more details, they will ask for them by filing an order.

• Attorneys can ask for their case to be considered for mediation. If they want, their request can be kept confidential.

• Judges sometimes send cases to mediation.

• Motions for attorneys’ fees filed in the Court of Appeals are also referred to mediation.

How does the mediation process work?

1. Settlement assessment conference

If the case goes to mediation, the court will order both sides to take part in a phone call called a Settlement Assessment Conference. The call is between the court’s mediator and the lawyers. Everyone must join the call.

The call usually takes 30 to 60 minutes. During the call, they:

• Talk about the history of the case and any efforts to settle

• Share facts about the case

• Discuss how mediation could work

• Decide if they want to keep trying to settle

At the end of the call, the lawyer and mediator decide if more talks would help.

If the parties haven’t agreed to mediate yet, more calls may help them decide.

2. Mediation

If both sides agree to try mediation, the mediator helps plan a process that works for them.

After the first call, the mediator may set up more calls or meetings with the lawyers and their clients. These can be together or separate. They can happen by phone, video, or in person—whatever works best.

Sometimes the two sides talk directly to each other, with help from the mediator.

The mediator helps both sides decide what to talk about and how to talk about it. They might focus on the legal issues or on fixing the relationship between the parties.

The mediator may:

• Help the parties talk to each other

• Meet with each side alone and pass messages

• Use methods that work best for the people involved

The mediator’s goal is to help the two sides find a solution they both agree to. The mediator will:

• Ask helpful questions

• Repeat what people say so everyone understands

• Help each side understand the other

• Offer new ideas

The mediator will not:

• Take sides

• Make decisions

• Give legal advice

• Share anything said during mediation

3. Settling the case

The case is settled if both sides agree on a solution instead of continuing with the appeal. People often choose to settle because it:

• Saves time and money

• Gives them more control over the outcome

• Lets them be more creative and flexible

4. Finalizing the case

If the case is settled, the mediator will help make sure the court gets the right paperwork to close the appeal.

If it’s not settled, the case leaves the Mediation Program and goes back to the regular appeal process.

Confidentiality

Keeping things private is a key part of mediation. All discussions during mediation are kept confidential. The circuit mediators also do not share this information with the judges.