Stories are told in both litigation and mediation. However, the types of stories that can be told, and who is allowed to do the telling, are quite different in each forum. In accidental personal injury cases, the choice of forum is likely to have a significant impact on the health outcomes of the injured person. This article argues that mediation allows, and in fact encourages, the telling of a story that is of a genre more conducive to improved health outcomes for the injured person than the genre of stories told in litigation.
"Mediating personal injury: melodrama and tragedy,"
ADR Bulletin: Vol. 9
, Article 1.
Available at: https://epublications.bond.edu.au/adr/vol9/iss1/1