Mediation, as a form of dispute resolution, has permeated the world of commercial litigation in recent years. As a form of alternative dispute resolution, it has been embraced by most commercial law firms. The smarter ones have turned it into another ‘specialist’ skill they can offer their clients.

The rise in the number of claims being referred to mediation is a result both of the court’s active encouragement (often now in the form of ordered mediations) and as a result of the many advantages offered by the mediation process when managed properly.