Does involvement of an appeal in the mediation program slow down the disposition of the appeal?
No. Typically if a case is mediated, the mediator (with the agreement of counsel) will vacate the briefing schedule. If the case does not settle, the mediator will establish a new briefing schedule. Doing so does not delay disposition of the appeal, as the court schedules oral argument based on the date the Notice of Appeal is filed, not on the dates the briefs are filed. In most cases, oral argument is scheduled later than 12 months after the filing of a notice of appeal, which usually allows enough time to mediate without delaying disposition of the case.
Related Questions
- A court should address a threshold question when considering a mediation program: What is the current percentage of appeals that are dismissed, abandoned, or withdrawn?
- Does the Mediation Program keep a copy or record of the pre-mediation agreement or agreements made by the parties?
- Does involvement of an appeal in the mediation program slow down the disposition of the appeal?
