Within an increasingly favorable climate towards alternative dispute resolution, mediation appears to be gaining social favor over binding arbitration. According to the results of a recent poll conducted by ADR Resources (ARyME), 70% of all respondents would favor mandatory pre-trial mediation as a pre-condition to engage in traditional litigation.

Mediation is a voluntary dispute resolution method where the parties themselves negotiate a solution to their controversy with the aid of a professional neutral mediator. Mediation is not in and of itself a binding process except when the parties freely choose to be mutually bound by the terms of their own agreement. José Antonio García, Director of ADR Resources (ARyME) said "we are not surprised by the results of this particular poll. It is not a cliché: everyone wins in mediation; the parties, because they are given a unique and useful opportunity to resolve their dispute; society, because its tax money does not have to be necessarily spent to resolve in the court system disputes which can be resolved privately through mediation."