It is indisputable that mediation and arbitration are economical and sensible alternatives to resolving cases that do not fit well into the traditional adversarial court model. The court system tracks cases filed and the time and type of disposition in almost excruciating detail. It cannot, of course, track cases that go to ADR pre-litigation. Why do we know that pre-litigation ADR is a successful tactic?

First, the economics are obvious. There are costs inherent in litigation. Preparation of a complaint, filing fees and service-of-process fees are the obvious.