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.