Mediation has been around forever and like most tenured things, its intent is sometimes lost in its use. Until recently, mediation was considered the domain of divorce or family matters— rarely used in commercial settings or embraced to resolve “high end” disputes. Fundamentally, mediation is about two (or more) parties exploring potential resolutions (i.e., agreements or settlements) for a pending dispute or issue. It is a voluntary process involving a neutral third party—the mediator—who may or may not be a lawyer or legally trained. The mediator helps parties discuss potential settlement terms, and hopefully reach an agreement. Usually, if the matter settles in mediation, the parties will leave with a legally enforceable agreement/contract.

More and more, countries, courts and states are turning to mediation to solve more complex disputes due to its collaborative, cost-effective, and confidential process. It allows all parties greater control over the outcome and greater speed to resolution. Mediation is proven to help courts decrease case backlogs and help businesses resolve legal disputes quickly and efficiently.

Mediation Is Gaining Ground in Business