Ninth Circuit Mediation Program Statistics and Top Appellate Mediation Mistakes
The Ninth Circuit Mediation Program has seen significant success in resolving civil cases through mediation, with thousands of cases received, mediated, and resolved each year. Additionally, top appellate mediation mistakes by Claudia Bernard and Leonard Feldman shed light on common pitfalls to avoid. These mistakes include failing to understand client needs, unrealistic assessments of success, and inadequate preparation for mediation. Understanding these insights can improve the effectiveness of mediation efforts.
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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
