Why mediate?

Mediating during an appeal can have the same benefits as mediating earlier in the case. It can:

• Save time and money

• Lower the risk of losing the case

• Help people stay on good terms

• Let both sides avoid making new legal rules

• Help everyone think about what they really want

A solution through mediation can be better than what a court might decide.

Here are some examples:

• A person who won money at trial might choose to settle for less money if they can get paid right away. This avoids the risk of losing on appeal.

• A person who lost at trial might settle for less than the full amount if it covers the cost of the appeal.

• Sometimes, both sides realize the appeal has more risk than they thought.

Mediation also makes sense when winning the appeal doesn’t solve the bigger problem. For example:

• The appeal might be about a short-term issue, like where the case is being heard or a temporary court order.

• Other cases in different courts might affect the outcome.

• Even if the appeal wins, the case might go back to the trial court—and could end up in another appeal later.

Time matters too.
Appeals can take over two years. A business that’s being sold might need a faster answer. A person might feel ready to move on—either because they moved away or just want to put the case behind them.

There’s no easy way to know if mediation is the right path. But it often helps—even if it doesn’t seem like it at first. That’s why the court encourages people to give it a chance.