the hands of a capable and pertinacious mediator, mediation can encourage a working relationship, and help to build a solid foundation for the parties' future dealings.
There are other reasons why mediation has become so popular. Even workers, overwhelmed by but struggling through the formalities of the legal system, see mediation as a welcome alternative: "[it] has to be a more efficient way [than] the current system, where cases often linger for years as they wait in line for court dates, filing deadlines and other court-required steps." (Tabor 34). In 1981, there were approximately 100 nonprofit or government-linked alternative dispute resolution programs nationwide, according to the American Bar Association. In 1994, there are more than 440, and combined revenue of the major alternative dispute resolution (ADR) providers now approaches $100 million a year. In addition to a host of local commercial mediation groups, which have seen business soar in recent years, State and Federal courts in New York offer mediators for select cases: "Mediation is also available in small claims court and in court-supervised community dispute resolution centers, which handle minor criminal, landlord-tenant, and family disputes." (Ibid.).
The mediation "industry" has become an acceptable term. The field no longer comprises a handful of stereotypical negotiators engaged mainly in settling labor disputes. Today, providers of ADR services range from individual practitioners to large associations such as the indusrty's leaders: the American Arbitration (and Mediation) Association (AAA), which has been in the litigation-alternative business the longest; and the Judicial Arbitration and Mediation Services, Inc. (JAMS/Endispute). As the field has matured, it is experiencing the competition, marketing, product development, strategic positioning, and consolidations problems of any other industry.
With their mounting concerns about legal costs, many cor...