It was true in the case below, now it is even more true. Now there is the appeal, and the really significant cost of obtaining the transcript, preparing the record, protecting the judgment. Maybe the lawyers on the appeal are different than the lawyers in the original case. Maybe the trial judge erred, and maybe he didn't. What is the REAL cost of winning on appeal? Are you sure? What is the REAL cost of losing? Nothing is certain, it is said, but death and taxes. To that one can add the cost and time invoved in the appellate process. The Florida Supreme Court has promulgated rule allowing appellate courts to refer cases to appellate mediation. See In re: Amendments to the Florida Rules of Appellate Procedure and the Florida Rules for Certified and Court-Appointed Mediators, No. SC09-118 (Fla. July 1, 2010), The new rules provide that all appellate courts, including circuit courts sitting in their appellate capacity, may send appellate cases to mediation, either upon the motion of a party or by the court on its own motion. This means that most, if not all civil cases in the appellate courts are candidates for mediation by a Florida Supreme Court Certified Appellate Mediator. Exceptions are extraordinary writ petitions, civil contempt proceedings, and cases involving involuntary civil commitment for sexually violent predators. Mediation also can be ordered by the court at any time during the appellate process. Because it is anticipated that during this early phase of appellate mediation, most of the referrals will be by result of a motion made to the court, the appellate practitioner will want to consider whether mediation would assist in resolving the case. Feel free to contact me to obtain a sample Motion for Referral to Mediation that has been used in the Second District Court of Appeal. Remember, if you don't ask for it you can't get it!
Now . . . Mediating the Appeal.
Mediation is the "Anti-Trial." Now it's also the "Anti-Appeal."
- Mediation puts the parties in control. A three judge panel controls litigation.
- Mediation costs a fraction of the appeal.
- More enduring agreements. You designed the agreement to fit your needs.
- Less stress. Who doesn't need less stress?
- Mediation builds on the positive. Litigation often stresses the negative.
- Mediation is Confidential.
- Saves time. You can have a judge announce your fate after a year of litigating, or you can pick up the phone, schedule a mediation and design your own agreement in a fraction of that time.
"AV" rated by Martindale Hubbell, Nat is a Florida Supreme Court Certified Appellate and Civil and Family Mediator. A former Marine, Nat has been a member of the Florida Bar since 1987, practicing in Family and Criminal Law in both the trial and appellate courts of Florida.
275 96th Avenue North, St. Petersburg, Florida 33702