ract." Mediation is "a process whereby a neutral third party assists disputing parties reach a mutually acceptable agreement." The others are less formal dispute resolution mechanisms. In negotiations, the parties resolve their disputes directly without the intervention of third parties. In mini-trials and early neutral evaluation, an impartial third party hears the presentations of the parties and renders its opinion as to how the dispute can be resolved which is not binding on the parties. In 'high-low' arbitration, the opinions of the arbitrators set outer bounds for their determination from which the parties can choose. In 'baseball' arbitration, each side puts forward its best position and the arbitrator chooses one; and in 'night baseball' arbitration, the best positions of the parties are presented to the arbitrators in sealed presentations.
Arbitration was used to settle disputes between and among Greek and Phoenician traders in ancient times. Aristotle said that "the arbitrator keeps equity in view, whereas the judge looks only to the law." Commercial arbitration has been in regular use in Continental Europe since at least the middle ages where it was employed to resolve commercial disputes among members of medieval guilds and was particularly helpful in resolving disputes arising out of international trade. In the English-speaking or common law jurisdictions, the development of ADR was retarded by the traditional hostility of courts, which Congress described in 1924, as the "jealousy of the English courts for their own jurisdiction."
In 1925 to remedy what it perceived to be growing congestion in the civil courts, Congress enacted the Federal Arbitration Act ("Arbitration Act"). Sec. 2 of the Arbitration Act provided that PDAAs "shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract" and that "as a matter of federal law, any doubts co...