I am a lawyer. I have spent many years in law libraries and my chambers has many shelves of law reports. As a mediator I look at those shelves differently. What I now see is thousands of cases where parties had a contested trial, and/or an appeal and perhaps even special leave to further appeal in the High Court. Most of those parties were represented by lawyers who undoubtedly advised on the merits of their cases. The problem is that 50% of those parties won.
Suppose after a tiring day at the office you return home to find your two children engaged in a squabble in the living room over the last remaining chocolate bar. The solution is obvious – cut it in half. However, if you were a facilitative mediator you might ask each of the children why they wanted it. You might also find that child#1 says they want a snack, but child#2 says they want the wrapper because it contains details of a competition they want to enter. That would lead to a different solution with a better outcome for both.
