The barrister who enjoys a strong reputation in Family Law remarked that he hadn't done a trial in ages. " All of my matters seem to settle before trial, many of them at mediation ", he said.
When pressed further as to why this was so, the barrister volunteered that apart from the obvious issue of costs and parties not being able to afford to go to trial, it was the uncertainty of the outcome that was also a factor. Clients regularly ask me whether I can guarantee them a better outcome if they go to trial and inevitably the answer is " no I can't " he said.
The costs issue is self evident and this combined with the uncertainty of outcome, make up what lawyers and mediators refer to as the risk factor which in most cases is a strong deterrent to parties proceeding to trial.
