The pilot family mediation project of the Minnesota Court of Appeals appears headed toward becoming a permanent component of the appellate process in Minnesota. Two years ago, the Court of Appeals began experimenting with voluntary participation in mediation immediately following the filing of an appeal. Most, including myself, were skeptical. Mediation has traditionally involved negotiation prior to trial, not after. Trial typically leaves the litigants even further at odds with one another, with litigants on appeal considered the most conflicted. However, the Court reports that since inception, the pilot program has resulted in a 52% settlement success rate. I find that astonishing, « Continue »

As of September 2, 2008, the Minnesota Court of Appeals will refer all family court appeals for mandatory mediation (with some exceptions for cases involving, for example, domestic violence). The program was designed to decrease costs and conflict for families involved in appellate cases while increasing litigant satisfaction. Upon the filing of a Notice of Appeal, the Court will immediately refer litigants to mediation. Mediators available to serve include a panel of 12 retired judges and/or experienced family law attorneys. Parties will pay the costs of the mediation on a sliding fee scale. This pilot program was initiated three years ago as the result of a meeting between Judge « Continue »