It is a problem in most parts of the globe -- the increasing expense of litigation and overcrowded court dockets. Various measures have been adopted to deal with this situation in the United States and elsewhere. One of the most important is mediation, sometimes referred to as alternate or alternative dispute resolution. There are various forms of mediation, but typically the procedure involves a consensual, out-of-court settlement that is much less costly and time-consuming than cases sent to trial.

The proponents of mediation, however, advocate the procedure not only because it eases court backlogs but also because it serves the interests of justice in and of itself, most saliently some types of civil disputes -- everything from family disagreements to ethnic strife. In recent years, mediation -- court-supervised mediation in particular -- has become more commonplace in the United States and, in many states, the procedure is becoming increasingly standard practice.

This journal looks at mediation in general as well as the various trends that may account for its growing popularity. In the opening article, Hiram Chodosh, a law professor and director of the Frederick K. Cox International Law Center at Case Western Reserve University School of Law, explores the diverse features of mediation and how it can be tailored to meet the needs of nations with widely different cultures and traditions.

Robert A. Goodin, president of the board of directors of the Institute for the Study and Development of Legal Systems, deals with pragmatic questions in his overview article on mediation. He looks at the specifics of the process and shows how it has reduced the burden of expensive litigation in the U.S., a country in which the costs of justice have skyrocketed in recent years.

Mediation is becoming increasingly prevalent in the United States both in the private sector and the public sector, as well as in court systems at various levels of government. Peter R. Steenland, Jr., senior counsel at the Office of Dispute Resolution in the U.S. Department of Justice, examines the role of mediation in the Federal court system and the importance of such concepts as confidentiality.

Florida was one of the first states in the nation to develop systematic mediation procedures, including an ethical code for mediators. In an interview with Contributing Editor David Pitts, Dr. Don Peters, director of both the Institute for Dispute Resolution and the Virgil Hawkins Civil Law Clinic at the University of Florida, talks about the challenges of implementing mediation in the courts, particularly at the state level, and the kind of resources necessary to help ensure an effective system.

In the concluding article, Contributing Editor David Pitts looks at a case study involving mediation -- African American farmers v. the Department of Agriculture. At the time the mediated settlement was approved by a federal judge in early 1999, this was the most significant civil rights case ever to go to mediation and may set a precedent for avoiding long and costly court battles in the U.S. in future civil rights cases.