You’ve won your trial and popped the champagne, but the other side decides to appeal. Do you have to mediate again? And why would you mediate after you’ve won?
Perhaps the most significant reason for an appellant to mediate a case is that the standards of review are substantially different from the burden of proof at trial. Although a trial may depend on whether the fact finder is persuaded by a preponderance of the evidence, that same case on appeal may hinge on whether there was an abuse of discretion by the court or competent substantial evidence to support the factual findings made. These are difficult standards to overcome and can make the potential for reversing a case on appeal unlikely.
