D10 – The Nuts & Bolts of Appeals for Mediators – Wendy S. Loquasto (2.1 CME Credits Appellate)

Although it may seem counterintuitive to mediate an appeal because the trial court has already determined the winner and loser, appelate mediation offers the parties another chance to control their own legal destinies and reach a mutually agreeable result, perhaps in the form of a global settlement.  To succeed in appellate mediation, it is imperative for the parties to understand their realistic chances of success in the appeal.  This presentation will provide an understanding of the nuts and bolts of the appellate process, including the explanations of the loimied scope of appellate review and the standards of review for the different kinds of issues raised in appeals, which will aid the mediator to empower the parties to resolve the issues.