Even after cases have been to trial and a judge has made a determination, an appeal of that judgment may occur. In that instance, the dispute or conflict is still undecided and may be mediated. The issues in appellate mediation are different than a regular mediation, in that at least one of the mediated issues is whether the trial judge made an error sufficient for an appellate court to overturn it. So while the party who won at trial may feel vindicated, attorney fees, appellate costs, and the costs of uncertainty and lack of finality continue.
It is never too late, nor too early, to attempt to resolve a matter through appellate mediation.