Invariably when litigants say they want their day in court, they claim they are doing it out of principle. They believe that telling their story in their own words will convince the judge of the righteousness of their case.
It’s rare however for this to actually happen. More often than not litigants never have the opportunity to tell their own story, often the judge will pre-read witness statements and only allow cross examination; as a result neither of the adversaries really feel they’ve had their say.
Mediation however, provides participants with the opportunity they want, as a valuable part of the process. With more flexibility than the courts offer, mediators encourage the parties to express themselves and tell their story in their own words.
And because mediation is just as legally binding as going to court, the story they tell becomes an important element in reaching a final resolution. For participants who really want to have their say, mediation is therefore the best option.