If both sides acknowledge the lower court's errors and both ask the appeals court to vacate/overturn the original decision - i do believe it would be possible for the appeal panel to make that ruling....as for a settlement agreement - it could be an aside between the parties contingent upon the appeal courts ruling..
The appeal would be wrapped up in settlement. Decision can be made on just briefs alone. I think there’s a strong chance even if there’s no settlement, the case is decided on briefs alone. There’s only one way to read statistics if it’s done wrong then the “procedural” review of the facts are wrong.