Mediation is coming, because it has to. . . .Companies are not expected to take silly risks with shareholder assets if there are other ways to secure certainty at less cost. Businesses are increasingly drawing a line under their escalating conflict budgets and demanding much faster outcomes. They are also perceiving that they need to lead themselves out of the concentric circles which characterise litigation. Practitioners . . . are realizing that to retain their ever more discerning client base, and to win new clients, they need to prove themselves as spontaneous early conflict resolvers and solution providers, not just as good litigators and processors.
Business managers and counsel point to a number of reasons for the trend toward mediation, all of which involve the potential benefits of mediation. In nearly all of these ways, mediation is essentially different from arbitration or litigation, and is often superior to unaided face-to-face negotiation.
The premier organisation for the corporate counsel community