ABSTRACT
The State Court System in the United States has come to rely on mediation to achieve the timely resolution of a variety of types of disputes. Mediation allows emotional and complex issues to be resolved outside the courtroom, saving precious judicial resources and allowing for party-driven resolution. This chapter explores mediation rules and statutes throughout the country, supporting a process in which participants feel comfortable communicating and reducing the possibility of privileged information being used in court at a later time. Nancy Welsh spoke specifically to court-connected mediation's institutionalization, suggesting that there is continued controversy and opposition regarding the symbiotic relationship. The increase of court mediation programs has catalyzed a symbiosis between court mediation and mediation in the private sector creating benefits and challenges. Technology has had a profound influence on the practice of mediation in the court. There is an important initiative within the courts to promote and preserve access to justice.
