Alternative Dispute Resolution Law

How Do We Get To Mediation?

The mediation process is usually voluntary ­ the parties in a dispute come to an independent agreement to try to work things out with the help of a mediator. However, it is increasingly common for parties engaged in business to include dispute resolution clauses in their commercial contracts, stipulating that in any future disputes, mediation will be attempted first. And in some situations, such as divorce and custody cases, minor criminal matters, and other civil matters, mediation is increasingly being encouraged or mandated by the courts. Many states have passed statutes requiring disputing parties to participate in mediation before subjectng their cases to litigation.