Judges apply the law in proceedings before them governed, inter alia, by the rules of evidence including issues of admissibility and relevance which all serve to limit and restrict what can be put before the Court. The result is that litigants often feel that the decision of the Court has been based on less than their ‘whole story’. The consequence is that the parties often consider that they have not been heard and that the decision imposed on them is not ‘fair’ or appropriate.
"Collaborative law overview — towards collaborative problem-solving in business,"
ADR Bulletin: Vol. 10
, Article 2.
Available at: http://epublications.bond.edu.au/adr/vol10/iss8/2