Utah Court of Appeals - Appellate Mediation Office

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Appellate Mediation: A Supportive Path to Resolution

Since 1998, the Appellate Mediation Office (AMO) has helped parties and attorneys resolve complex disputes. Unlike litigation or arbitration, mediation places decision-making authority directly in the hands of those involved in the dispute. Parties are given a meaningful voice, an opportunity to be heard, and are often able to reach a settlement.

Although the AMO operates under the direction of the Utah Court of Appeals, it functions independently to ensure confidentiality. The program provides parties with a calm, respectful, and welcoming environment in which they can achieve resolution.

Benefits of Appellate Mediation

Appellate mediation offers numerous advantages, including:

  • A neutral forum for addressing and resolving difficult issues;
  • A wider range of solutions than is available through litigation;
  • Faster, less expensive, and more flexible outcomes;
  • Elimination of litigation and collection risks;
  • Peace and improved relationships;
  • Resolution of related or parallel litigation;
  • Greater certainty and finality;
  • High rates of compliance when parties craft their own agreements;
  • Improved understanding of the appellate process and potential outcomes, even when cases do not settle;
  • No charge for the mediator’s services.

 

Questions and Answers About the Appellate Mediation Office

Why would parties want to settle a case at the appellate level?

The appellate process can be costly, time-consuming, risky, and stressful. Mediation provides a forum for parties to examine their interests and needs, better understand the appellate process and potential outcomes, and explore a broad range of settlement options. In many cases, mediation results in an agreement that makes practical, emotional, and financial sense for all involved.

Mediation is also generally faster and less expensive than continuing with litigation and allows parties to develop creative solutions, even addressing issues beyond the scope of the appeal, when appropriate.

 

Will mediation delay my appeal?

Generally, no. Most mediations occur early in the appellate process, before briefing begins. This timing coincides with the preparation of the trial court record and transcripts, making it a natural and efficient point for mediation.

If a briefing schedule has already been set, the court may temporarily pause briefing to allow the parties to focus on settlement and potentially save costs.

 

How is the mediation conference conducted?

Since 2020, mediation conferences have shifted primarily to a remote format. Counsel and parties appreciate the convenience and flexibility of online mediation. In-person mediations may still be conducted when preferred or deemed appropriate by the parties, mediator, and/or court.

In remote mediations, it is common for the mediator to meet separately with parties and counsel in virtual breakout rooms, moving among them as needed. Additional rooms may be used to facilitate other group discussions.

Before each mediation, the mediator reviews the underlying record, including all the key pleadings. Mediation statements are not required, but if submitted, will be reviewed by the mediator.

During the conference, the mediator facilitates a discussion of the underlying ruling(s), relevant background information, applicable legal principles and case law, the strengths and weaknesses of the appeal, the risks and costs of continued litigation, the benefits of resolution, potential outcomes, and settlement options. Multiple rounds of discussion and negotiation often occur as the parties work toward a solution.

 

Are discussions with the mediator confidential?

Yes. All statements and communications made during mediation and related discussions are confidential. They may not be disclosed by the mediator, AMO staff, counsel, or the parties, absent a court order.

If an agreement is reached and reduced to writing, the terms of that agreement will govern whether and how the settlement may be disclosed.

Confidentiality is maintained to encourage candid discussions and to protect the integrity of the mediation process.

 

Is mediation mandatory? Will the mediator pressure parties to settle?

Participation in mediation is mandatory; settlement is voluntary.

The mediator’s role is to facilitate communication, help identify interests and needs, and assist with negotiations. The decision whether to settle—and on what terms—remains entirely with the parties.

 

Meet the AMO Staff

Michele Mattsson, Esq.
Chief Appellate Mediator

Michele is passionate about helping parties and attorneys navigate and resolve complex and challenging disputes. She brings a strong academic background to her work, including an Honors B.A. in English and a J.D. from the S.J. Quinney College of Law, both at the University of Utah. Michele has also successfully completed numerous mediation courses and trainings, including one at the Straus Institute for Dispute Resolution at Pepperdine University. 

After several years in private practice, Michele joined the Utah Court of Appeals as a staff attorney, where she expanded her knowledge of appellate law and court operations. In 2001, Michele became the Chief Appellate Mediator, a role in which she has successfully mediated thousands of cases and seen firsthand the many benefits of appellate mediation.

Michele is deeply committed to assisting people, to public service, and education. She sits on numerous boards and committees, including the Utah Courts’ Alternative Dispute Resolution Committee, the Utah Council on Conflict Resolution Board, and the Utah Dispute Resolution Board. Michele has held leadership positions in several community and University of Utah–affiliated boards, including chairing its Board of Trustees. In addition, Michele has taught courses on negotiation and mediation.

 

Dani Goucher, Esq.
Appellate Mediator

Dani Goucher is a seasoned legal professional with a strong foundation in collaboration, mediation, and party-centered problem solving. After graduating from Weber State University, Dani earned a Juris Doctor from Whittier Law School and went on to build a diverse legal career. Her professional experience includes early work with Utah Legal Services, operating a private family law practice, and working as a Guardian ad Litem.

Dani joined the AMO in 2023, where she has developed expertise in appellate‑level mediation. In addition to her legal work, Dani holds a real estate license and is a certified mediator, bringing a balanced, solutions‑focused approach to every case.

 

Shauna Hawley, Paralegal
Administrative Assistant

Shauna plays an integral role at the AMO, having joined the office in 2013 as its administrative assistant. She holds a B.S. degree from the University of Utah and a paralegal degree/certificate from Salt Lake Community College. Shauna brings valuable experience in mortgage banking, real estate, and law firm practice to her work at the AMO. She has extensive knowledge of the operations of the mediation office and appellate courts. An expert organizer and a sympathetic ear, Shauna puts parties and counsel at ease and is an invaluable resource for all those involved in appellate mediation. 

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