An experienced litigator recently told me that mediation is “a lot of crock,” that people want to fight. I couldn’t disagree more.

It is a view I encounter occasionally in legal circles, the idea that conflict is what clients actually want, that mediation is naive, and that the courtroom is where disputes belong. I understand where it comes from. Litigation can feel decisive. It has structure, authority, and finality. And for some disputes, it is absolutely the right path.

But in my experience, the people who genuinely want to fight, who drag things out, kick the can down the road, and turn every dispute into a contest, are usually not fighting because they want justice. They are avoiding accountability, delaying payment, or using the legal process as a weapon rather than a tool.

What most people actually want

Most people facing a dispute are not looking for a fight. They are looking for an answer. An outcome. A way to move forward with as little stress, cost, and emotional drain as possible. They want to be heard, and then they want it to be over.

People already face enough conflict in everyday life. The idea that they actively seek more of it inside a courtroom does not match what I see when I sit across from clients who are exhausted, stressed, and simply want resolution. What looks like a desire to fight is very often a desire to be taken seriously, and those are very different things.

When the system rewards fighting

There is a more uncomfortable truth underneath this debate: sometimes it is not that people want to fight. It is that the system rewards those who do. Delay is a strategy. Procedural complexity is a weapon. And for parties with deeper pockets or less to lose, dragging a dispute through the courts can be a calculated choice that has nothing to do with seeking justice.

Mediation disrupts that dynamic. It removes the tactical advantage of delay. It brings both parties to the table on equal footing and asks them to engage honestly with the dispute, not to play a game.

A smart strategy, not a soft one

Mediation and early resolution are not soft options. They are smart strategies for clients who value their time, their relationships, their resources, and their peace of mind. For clients who want an outcome, not an ordeal.

Do people want to fight? Some do. But most just want to be heard, and then they want closure. Mediation gives them both.

Looking for closure, not a courtroom? We help individuals and businesses resolve disputes through mediation and negotiation, efficiently, humanely, and with your best interests at the centre.

This article is for information purposes only and does not constitute legal advice.