I was intrigued by the title, “If You Want Your ‘Day in Court’, Don’t Go to Court”. The title sounds counterintuitive doesn’t it? Author of the blog post, Michael Zeytoonian, a practicing attorney, mediator and arbitrator from Massachusetts, argues that what people really mean when they say that is that they want to be heard, respected and treated fairly. Since only about 3% of civil lawsuits actually go to trial, getting one’s “day in court” is unlikely at best and woefully unsatisfying at worst. Why not focus one dispute resolution efforts on mediation and working towards a successful outcome from the get go?
In the blog, Zeytoonian writes that “most of us make decisions with our hearts and emotions, not our minds and or rational side. It is up to us lawyers and mediators . . . to productively address and satisfy that desire for one’s day in court, knowing that a trial won’t be happening.”
This blogpost was a good read about how mediation can help satisfy the underlying interests that drive people to seek vengeance and justice. You too can read the original post at https://www.mediate.com/articles/ZeytoonianMbl201728.cfm