Originally from Alternatives to the High Cost of Litigation

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Since the mid-1990s, an animated debate has been carried out among practitioners, academics and lawmakers about the most effective approach to increase the embrace of mediation in a given jurisdiction, especially outside the United States. 

This debate usually has been polarized between two alternatives: First, develop the culture of mediation by promoting the process’s advantages, and training mediators and lawyers, in order to create a spontaneous demand for mediations. 

Alternatively, other moves seek to introduce various legislative reforms to incentivize the reliance on mediation for litigants, and regulate the market in order to decrease the number of cases filed in court.