Consider the contrasts between in-court litigation and mediation in the hands a mediator in whom all parties have confidence. In court, the litigator is shackled. The concept of relevance limits the subjects on which the litigator can question. Judges frustrate some of the best questioning on the grounds that it is argumentative, cumulative or assumes facts not in evidence. And so even the most victorious clients rarely come away from litigation with the degree of emotional satisfaction which they expected their victories to yield.
Victories often come only after significant cost and delay.
This is hardly likely to generate repeat business. Mediation is as different from this as different can be. As a lawyer in the mediation room, you live, you survive, you succeed, by your wits and your wits alone. The Marquis is gone. Mediation can be the equivalent of guerilla warfare.