Just ten years ago, a typical lawyer would have had difficulty explaining to a client the difference between arbitration and mediation. Now, most major law schools offer courses in alternative dispute resolution, and the acronym "ADR" has become part of every lawyer's vocabulary. The Commercial Arbitration caseload of the American Arbitration Association has increased at the dramatic rate of over 50% between 1980 and 1990. Mediation services provided by the AAA, U.S. Arbitration, Endispute and others, as well as rent-a-judge programs such as Judicial Arbitration & Mediation Services, have also experienced increased demand for their services.
Yaroslav Sochynsky and Mariah Baird,
Tailoring the Arbitration Clause: Accommodating Client Needs in Real Estate and other Transactions, 21 Golden Gate U. L. Rev.