Originally from Dispute Resolution Journal

Mediation is a growing field. There is a national trend in favor of alternative methods of dispute resolution and away from the "trench warfare" style of litigation which has become so costly in recent decades. Mediation reflects a shift in the balance of power between clients and their lawyers. In "scorched earth" litigation the dispute is in the hands of litigators whose strength lies in motion practice and mammoth discovery regimens. Mediation cuts through the posturing and tactics of litigation to get to the merits of the dispute, where the client is more of an authority, and to get to settlement negotiations, where the client controls decision making.