Mediation has a number of advantages. It leaves the parties in control, because the mediator, unlike a judge, cannot impose a solution on the parties. Additionally, courts can only instruct monies to be paid or force parties to stop doing things, while solutions in mediation are limited only by the imagination of the parties. IT companies can put forward proposals which may in the long run be of benefit to both parties in the dispute. Those involved can ask for an IT expert to mediate as not all judges have the same level of technical expertise.
Mediation is also less damaging to a continuing relationship when a dispute arises.
This can be particularly important in large IT projects which require the parties to work together over an extended period of time. The cost savings can also be substantial. IT disputes often involve complex issues, expert evidence and large numbers of documents. This makes them expensive to litigate and even if any court action is successful, it is unlikely all costs and expenses can be recovered. Another advantage is that if it does not lead to settlement, mediation does not interfere with litigation.