Mediation is increasingly being utilized by companies for early, efficient and faster resolution of disputes. Mediation may occur pre-litigation, during litigation and after appeal. Recognizing the benefits of mediation, many courts now require mandatory mediation. The traditional benefits of mediation such as time and cost savings are widely known. Often more important to companies, however, is the ability to customize a process that best meets their needs and avoid the uncertainties of litigation. Additionally, mediation allows the parties to consider creative solutions not available in litigation.

Preparation is key to the success of any mediation. Whether handling the matter internally or working with outside counsel, spending time to prepare increases productivity in the mediation. All involved must understand how the process works and strategize how to approach the mediation. Identifying goals and outlining a path to achieve those goals while maintaining flexibility will help increase success.