A Mediation Tune Up For the State Court Appellate Machine

Bobbi McAdoo, Hamline University

Abstract

Appellate mediation programs usually have an efficiency goal, sometimes at the expense of the dictates of procedural justice. Empirical work from a pilot family appellate mediation program in Minnesota confirms that these goals do not have to be in conflict. Settlements can be achieved in a procedurally just process. Elements of program design to achieve this are discussed, based upon the Minnesota research as well as a review of others’ research. The use of mandatory referrals as a design feature is questioned for both the goals of efficiency and procedural justice.