Mediation of Interlocutory Appellate Disputes Offers Opportunity for Efficiency Gains

Interlocutory appeals are on the rise in Texas state courts. So are mandamus petitions and other types of original appellate proceedings. The opportunity to “go to the booth” for a second look by a court of appeals, like instant-replay review in the NFL, is fraught with strategic implications. Apart from merits review of a challenged ruling, interlocutory proceedings can delay discovery and trial settings. They also can impose additional litigation costs on the opposing party, sometimes even injecting the risk of fee-shifting. When a ticket to early appellate review of an unfavorable trial ruling is available, these factors may make the journey seem irresistible.

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Texas Lawyer