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DC COURT OF APPEALS TO LAUNCH PILOT APPELLATE MEDIATION PROGRAM

Date
December 29, 2005

WASHINGTON, DC – Chief Judge Eric T. Washington of the DC Court of Appeals today announced the start of a one-year mandatory appellate mediation pilot program for all appeals filed on or after January 2, 2006.  The program will cover all appeals from orders entered in civil action cases in the DC Superior Court in which all parties are represented by counsel.   
 
Cases will be randomly assigned to one of three groups: 1) those in which mediation will be conducted by a Senior Judge, 2) those in which mediation will be conducted by an attorney trained in appellate mediation, and 3) a control group of cases in which no mediation will be offered.  In this way, the Court can assess the effectiveness of two mediation approaches compared with the current process. 
 
“This is another of several new approaches the Court is implementing in an effort to achieve satisfactory resolutions more expeditiously,” said Chief Judge Washington.  “Many cases settle after extensive preparatory work by counsel on both sides.  We are interested to see if this approach can result in more successful outcomes for both parties, saving their time and the Court’s.” 
 
This past summer, the DC Court of Appeals first instituted an appellate mediation program on a preliminary basis.  Based on the experience with that program, the Court, in an order issued Thursday, December 29, announced this new, more comprehensive pilot program.   
 
Many state and federal appellate courts have instituted mediation programs in the past decade.  The National Center for State Courts has a resource guide on appellate mediation that includes an overview (www.ncsconline.org/WC/Events/ADRAppView.htm), a list of frequently asked questions (www.ncsconline.org/WC/FAQs/ADRAppFAQ.htm) and a comprehensive bibliography of materials on the topic: (www.ncsconline.org/WC/Education/ADRAppGuide.htm).  

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For more information contact Leah Gurowitz at (202) 879-1700