Most parties and many lawyers are confident about the strength of their case. You have considered the events in question, the lack of credibility of the other side, the reasonableness of what you want, etc. and it is impossible that a judge could rule against you.
However, every day people are surprised to learn that court cases are win/lose and that even though they had a strong case, they did not win.
Going to court is a risky enterprise. Litigation is designed as a win/lose proposition. Once you have presented your case the judge will make a decision based on her findings as to fact and law.
There is another way to resolve disputes. Mediation seeks to find a win/win solution. Rather than a winner take all approach, mediation provides a space where:
- there may be more information
- there may be more than one solution
- people can learn about their motivations
- people can learn about the other side's perspective
- people may develop a new way of managing conflict
There are lots of reasons to consider mediation. In essence the key one is control. If you litigate then in essence you are acknowledging that you cannot come up with a solution to this problem and you are asking the judge to make a decision for you.
Mediators believe that the parties who have lived with the dispute have the solution within themselves. Mediators believe that with the proper environment and encouragement people are able to solve problems for themselves. Empowering parties to take control of their dispute is a key reason why many mediators start working in this area.
In addition, mediation gives the flexibility to parties to be creative. Rather than take a monetary amount, maybe the dispute could be resolved with an apology and guarantees of future work?
Lastly, mediation not only provides the conditions for control and creativity, it also provides a constructive atmosphere. If you are in a dispute with a business partner, this may represent the end of a long relationship. Would you rather never have the chance to work with them again and make more money? Or would you rather find a way to communicate effectively and repair a relationship so that you can work together in future?