What is a common reason parties pursue a 'de novo' appeal?

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A 'de novo' appeal allows a party to challenge a trial court's decision as if it were being heard for the first time, without giving deference to the lower court's findings. One common reason parties choose this route is distrust of the trial court's findings, particularly when they believe the lower court made errors in assessing the evidence, applying the law, or understanding the facts of the case. This approach is significant in cases where parties feel strongly that the unique circumstances of their situation or the specific legal interpretations warranted a fresh review.

In contrast, the desire for a quick resolution, seeking a more lenient judgment, or a preference for private mediation may not directly lead to choosing a 'de novo' appeal. A quick resolution can sometimes be achieved through other means, such as settlement or expedited processes. A more lenient judgment typically suggests a desire for a more favorable outcome, which might not be aligned with the full re-examination that a 'de novo' appeal entails. Private mediation, on the other hand, is an alternative dispute resolution process altogether and does not involve appealing court decisions but rather seeks to settle disputes outside of court.

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