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Appellate: ADR

Resource Guide

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Council of Chief Judges of the State Courts of Appeal Annual Conference.

NCACC Conference .

The National Conference of Appellate Court Clerks holds its annual conference Jul. 29-Aug. 3 in Charleston, SC, and will be hosted by Dan Shearouse, Clerk of the South Carolina Supreme Court.

 

With the goal of resolving civil cases short of a court decision as a means to respond to problems of volume and delay within appellate courts, the past mechanism of settlement conferences resulted in inconsistency and variety of success rates. In the 1990s a qualitative change to the use of modern mediation techniques by individuals trained to encourage communication and negotiation between the parties and their attorneys produced more uniform successes and wider applications by providing adaptability to variable needs and circumstances of different courts.

Links to related online resources are listed below. Non-digitized publications may be borrowed from the NCSC Library; call numbers are provided.

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Advancing Alternative Dispute Resolution in the New Mexico Judiciary: Key Strategies to Save Time and Money This study is a statewide, comprehensive assessment of court-annexed alternative dispute resolution (ADR) programs in appellate, district, metropolitan, and magistrate courts, and suggested strategies for improving the use and impact of ADR programs for the New Mexico Judiciary.  Civil cases are automatically referred to an Appellate Mediation Office.

General

Griller, Gordon et al. Advancing Alternative Dispute Resolution in the New Mexico. (2011). Williamsburg, VA: National Center for State Courts

This study is a statewide, comprehensive assessment of court-annexed alternative dispute resolution (ADR) programs in appellate, district, metropolitan, and magistrate courts, and suggested strategies for improving the use and impact of ADR programs for the New Mexico Judiciary.  Civil cases are automatically referred to an Appellate Mediation Office.
Alabama Appellate Mediation Program Background. (January 2004). Alabama Judicial System Online, Committee on Appellate Mediation. This web site explains how the Alabama Appellate Mediation Program will save the people of Alabama money by providing a less expensive alternative to the appeals process.
Appellate Mediation Gives Litigants a Fresh Look. (Spring 2001). The Third Branch: 15 This publication from the Wisconsin court system provides information on the state's Appellate Mediation Program that was established in 1991.
Denlow, Morton Concluding a Successful Settlement Conference: It ain`t over till it`s over. (Fall 2002). Court Review, Vol. 39:3 This article describes ways in which misunderstandings surrounding settlements can be avoided.
Dispute Resolution Section. (2000). Columbus: Supreme Court of Ohio, Office of Dispute Resolution This Web site explains how to train to become a mediator in Ohio.
Mandatory Mediation in the First Appellate District of the Court of Appeals: Report and Recommendations. (September 2001). Judicial Council of California, Task Force on Appellate Mediation.  This online report documents the progress made from a Mandatory Mediation Project in California from 1999-2001.
Supreme Court Approves Appellate Pilot Mediation Program. (Summer 2003). Court Column 6, no. 2: 3 This publication from the Louisiana Supreme Court discusses a one-year pilot program for appellate mediation.  At the bottom of the article is contact information if one would like more information concerning the pilot program.
Steelman, David and Jerry Goldman. The Settlement Conference: Experimenting with Appellate Justice. (June 1986). 169 pages. Northeastern Regional Office. This report presents the findings of a multistate, randomized experiment with preargument conferences aimed at settling civil litigation prior to oral argument and decision by an appellate court.
Hanson, Roger. Use of Mediation to Resolve Workers` Compensation Cases. (1997).

This report describes the mediation process of worker's compensation cases used by the Tenth Appellate District of the Ohio Court of Appeals.