Mediation as it Relates to Tennis

     When watching a tennis match, we as the spectators look back and forth until finally the point is won. In a courtroom, the jury or the judge watches as the lawyer’s lob one argument back and forth until the decision is made. In mediation, the litigants go back and forth with the mediator. The litigants are in control of the mediation, as the tennis players are in control of the court. If the player serves the ball over the net and outside the court, then the player on the other side gets the point. This is not always the case in a trial where sometimes when the litigant believes he or she has won, but then ends up losing the case. In a Court of Law, there is no guarantee, because there is no control. In mediation, like on a tennis court, the litigants have control. They can make their point, decide their win and each walk away with a trophy. The win is the end of the case and knowing the ball is in their court because they transition knowing the game is over.