While some refer to mediation as an alternative to litigation, in reality litigation is the alternative to mediation. Mediation is frequently described as a new development, in reality the history mediation is as old as human history, and litigation is a relatively new development.
Litigation is the use of a formal court system to settle disputes.
While litigation serves its stated goal of enforcement of laws, as a rule, courts are impersonal and while a case may be resolved by the courts, personal issues and frustrations often linger for years and even lifetimes. The current system of litigation is under attack for its lack of flexibility. In 1978 Chief Justice Warren Burger noted our courts are ill equipped to handle the tremendous workload caused by our rapidly growing population and increases in technology. Over the years many leading judges, attorneys, and legal scholars joined the ranks of average citizens seeking an alternative to litigation. As the movement to address the ills plaguing our legal system grew, the interest in alternatives also grew.