Appellate Mediation Insights
Discover key insights on appellate mediation in the Ninth Circuit, including statistics on cases received, mediated, and resolved. Learn about common mistakes to avoid in appellate mediation from Claudia Bernard and Leonard Feldman. Gain valuable advice on successful mediation strategies for civil cases.
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Presentation Transcript
Mediation Mediation in the Ninth Circuit in the Ninth Circuit CLAUDIA BERNARD CLAUDIA BERNARD LEONARD LEONARD FELDMAN FELDMAN
9THCIRCUIT MEDIATION PROGRAM Total Cases Received Total Cases Mediated Total Cases Resolved 3,500 3,212 3,000 2,737 2,538 2,500 1,998 2,000 1,773 1,582 1,411 1,405 1,500 1,135 1,000 500 0 2014 2015 2016
CIVIL CASES RESOLVED IN MEDIATION 3,000 Received Resolved 2,385 2,500 2,218 2,187 2,104 2,093 2,000 1,500 1,000 698 693 692 648 648 500 0 2012 2013 2014 2015 2016
CLAUDIAS TOP 6 APPELLATE MEDIATION MISTAKES 1. Failing to understand how the litigation serves your client s real world needs and interests 2. Failing to consider the real world needs and interests of the other side 3. Taking personally the offers or demands made by the other side 4. Remaining persistently unrealistic about one s chances of success on appeal 5. Failing to consider what happens if you win the appeal 6. Failing to exchange your warrior s hat for a problem solving hat
LEONARDS TOP 6 APPELLATE MEDIATION MISTAKES 1. Failing to forewarn your client that the mediator will beat up your case 2. Failing to listen with an open mind to the mediator s advice 3. Giving your client an unrealistic assessment of the likelihood of success on appeal 4. Failing to understand that your client can win the appeal and lose on remand 5. Failing to recognize that panel composition creates risk 6. Failing to prepare for the mediation like you would oral argument
