6 Questions to Ask About Your Company’s Mediation Process
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The use of alternative dispute resolution (ADR) by U.S. companies—now encompassing all industries and every type of commercial dispute—has evolved in scope and application over the past 30 years.
Notably, as corporate counsel have sought to gain greater control over associated costs, scheduling, duration, relationships, confidentiality and settlement outcomes, mediation has become an integral early step in the corporate dispute resolution process, intended to resolve cases in advance of litigation without significant legal risk, expense or publicity.
Conversely, adoption of domestic business-to-business arbitration appears to have lost momentum during the same time period, according to the most recent survey of Fortune 1000 corporate counsel, administered by the Cornell University Survey Research Institute. This drop-off in arbitration in most types of disputes is related to several factors, notably its similarities to litigation, in terms of its lack of flexibility and the difficulties involved in appeal.
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