Post-remand mediation involves efforts to resolve a dispute after appellate review has resulted in further proceedings in the lower tribunal. In this context, the appellate decision shapes the scope of the issues that remain, the relief that may be available, and the framework within which the case proceeds. These matters are shaped by the record and issues considered on appeal, together with the effect of the appellate ruling, which may affirm, reverse, or remand aspects of the case for further action. The result often clarifies some issues while leaving others open for determination.
How Mediation Helps In This Context
Participants often address how the appellate decision affects the issues that remain in dispute and work through what has been resolved, what remains open, and how the ruling on appeal shapes the scope of further proceedings. They assess how the appellate court’s analysis affects the strength and vulnerability of their positions and may evaluate how the scope of remand affects available relief and how further proceedings could alter the outcome. In some cases, the appellate ruling reshapes the balance between the parties, requiring a reassessment of exposure, obligations, or strategic position.
Participants account for differing expectations about risk, timing, and outcome in light of the appellate decision and the prospect of continued proceedings. Discussions may focus on whether resolution at this stage would avoid additional litigation, reduce uncertainty, or allow the parties to resolve remaining issues within the framework established by the appellate ruling.
Common Issues
- Effect of the appellate decision on the scope of remaining issues
- Interaction between resolved and unresolved claims or rulings
- Scope of available relief following remand
- Timing, cost, and uncertainty associated with further proceedings
- Structuring resolution within the framework established by the appellate ruling
- Public visibility of appellate decisions and potential reputational impact
Some Considerations For Counsel Preparing For Mediation
- Identify what issues have been resolved on appeal and what issues remain for further proceedings
- Consider how the appellate decision affects the strength of the parties’ positions
- Evaluate how the scope of remand affects available outcomes and potential relief
- Consider how the record and the appellate ruling together frame the remaining dispute
- Assess the timing and cost of continued proceedings following remand
- Identify whether all remaining issues can be resolved or whether some matters will proceed
- Identify who will participate and what authority is needed for resolution
- Evaluate whether public visibility of the appellate decision or further proceedings may influence strategy or resolution
- Identify whether court approval or other procedural steps will be required to implement any agreement