Many appellate courts operate mediation programmes, and a significant share of civil appeals settle before decision. The dynamics differ from pre-trial settlement in ways worth understanding.
Changed leverage. There is now a judgment. One side holds it and faces the risk of losing it; the other owes it and faces the risk of confirmation plus interest. Uncertainty has narrowed to a small number of legal questions with assessable odds.
Post-judgment interest accrues at the statutory rate during the appeal and is frequently the largest moving number in the negotiation.
Bond cost for the appellant, and the cost of collection efforts for the appellee, are real inputs that did not exist earlier.
What settlement can achieve that judgment cannot. Vacatur of the judgment is generally disfavoured and often refused, so a settling appellant should not assume the judgment disappears. What is available is dismissal of the appeal, satisfaction of judgment, confidentiality about terms, structured payment, and resolution of related matters not before the appellate court.
Timing. Mediation is usually scheduled early, before briefing costs are incurred, and that is when the economics most favour resolution.
Preparation. Both sides should have an honest written assessment of the standard of review applicable to each issue, because that is what a mediator will press on and what actually predicts outcomes.