I want my day in court.

Ryan McKeen of A Connecticut Law Blog illustrates one of the common barriers to settlement – a party’s insistence on having their day in court.   I see this very frequently during my Monday sessions with a local small claims court.    One party will put a meaningful offer on the table and despite my best efforts, the other party will say “Let the judge decide.”

What drives this?  Is it the fear of confrontation?   I would expect that for most lay people arguing to a judge would seem daunting.  On the other hand, people have been telling their troubles to complete strangers (bartenders, shrinks, Dr. Phil) since the dawn of man.  Telling a black-robed stranger may seem easier than confronting their own issues and discussing the matter calmly with the person with whom they have the problem.

At some point after hearing those words,  I typically ask people a variation of this question – “The last time you made a big decision in your life (get married, have kids, buy a car, buy a house), did you let a total stranger decide for you?”

It doesn’t always work, but it makes them think.