After this case was briefed and argued, we referred it to mediation, which was successful.
Yes, It happened to me on a civil case. We mediated. No settlement, and the court issued a published opinion.
yes...only for about twenty years
I assumed they meant it was sent to mediation after the panel opinion was entered and then vacated due to the court taking the case en banc. Plaintiff was smart to settle because I think we all know what would have happened en banc.