It is essential to properly argue the standard of review and the standard of prejudice to be successful in the Court of Appeal. While appellate attorneys are generally aware of this, there are common mistakes made by even seasoned attorneys. Attendees of this program will receive a primer discussing the relevant case law and will learn valuable tips for maximizing their chances of winning in the appellate courts.

Each legal dispute is made up of two "cases": the "emotional case" and the "legal case," and they are usually conflated, resulting in impasse. Most lawyers tend to focus exclusively on the legal case, leaving the unaddressed emotional issues to wreak havoc with meaningful problem-solving.

Mediators are expected to play the role of “Devil’s advocate,” questioning the strength or viability of the various legal arguments being asserted by parties and/or their counsel. In this context, mediators may dive deeply into the law applicable to the underlying dispute (and defenses).The parties may provide sophisticated though conflicting analysis of that law in the mediation briefing and during the session. But what about the law applicable to the mediation itself?

With so many mediation and arbitration related cases being heard and reviewed on both a state and federal level in recent years, panelists Paul Dubow and James (Jim) Madison will provide an analysis and discussion of the most interesting ADR cases decided since January 1, 2022. Don’t miss the first of a biannual series on ADR case law updates presented by the ADR Committee of the Litigation Section!