Appellate Mediation

The Alabama Appellate Mediation program was implemented to provide parties to an appeal with an alternative method for resolving disputes. Mediation takes place early in the appellate process in order to save the parties the time and expense of an appeal and to give them an opportunity to find creative solutions to resolving their dispute. Sirote mediators are well-versed in this process.

The Appellate Mediation program allows for mediation of counseled civil appeals pending in the Supreme Court of Alabama and the Alabama Court of Civil Appeals. Civil appeals include appeals from property line disputes, personal injury actions, divorce, dependency actions, and probate matters, to name a few. Criminal appeals are not be eligible for mediation. Selection for mediation is made on a case-by-case basis.

There are numerous advantages to appellate mediation:

  • Produces mutually satisfactory solutions
  • Faster, less expensive-—more creative
  • May preserve and heal relationships
  • Creates workable solutions
  • May resolve related litigation and future legal proceedings
  • Provides neutral forum
  • Produces agreements with higher rate of compliance

Parties are given the opportunity to mutually select a mediator from a list of approved appellate mediators. In the event the parties do not agree on a mediator, the appellate mediation administrator will assign a mediator from the roster of approved mediators.

The mediator does not have the authority to impose a settlement upon the parties. The role of the mediator is to assist the parties in reaching a satisfactory resolution of their dispute. At the mediation session, all parties present a summary of their point of view. Typically, the mediator will then meet privately (caucus) with each party to explore more fully the facts and issues of each side. The goal is for the parties to come up with their own solution to the problem by way of an agreement.

After a mediation has been completed, the court will dispose of the case if the mediation was successful. Disposition of the case might involve dismissal of the appeal, remand to the trial court for approval of a settlement agreement which requires court approval, or entry of a stipulated order called for by the mediated agreement. If a mediation is at an impasse, the appeal will be reinstated on the appellate docket and the stay of proceedings lifted. All appellate time requirements shall resume.

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