Litigation can impose significant time, cost and operational disruption on any organization. For that reason, many parties turn to alternative dispute resolution (ADR), including mediation and arbitration, which are often designed to provide more efficient and cost-effective paths to resolution. Even within ADR, however, resolving disputes earlier rather than later can further reduce expense and organizational strain. Early mediation, when thoughtfully structured, can help parties save substantial time and money. 

If the dispute arises out of a contractual relationship between the parties, the contract will often contain a dispute resolution provision that outlines the procedures that must be followed before arbitration or litigation may be commenced. Frequently, the contract will require early mediation and designate a specific dispute resolution provider (such as JAMS or another provider) to administer the process. Retaining a mediator either before or immediately after litigation or arbitration begins is an excellent way to save discovery costs and move the parties toward resolution. This may be accomplished through either guided mediation or case management orders. The retention of the mediator also allows for the parties to exchange privileged information.

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