Mediation: The Tool Kit

Litigating cybersecurity and data breach disputes has proven to be very expensive time and time again. One solution to this problem is alternative dispute resolution (ADR), which can be initiated by the parties or may be compelled by legislation, the courts, or contractual terms. Mediation, like arbitration, is a method of ADR available to parties. Put simply, mediation is a negotiation facilitated by a neutral third party. Unlike arbitration, which resembles a trial in format, mediation does not involve decision-making by a neutral third party. While mediation has existed for a long time, the COVID-19 pandemic restrictions caused its use to rise dramatically, a development that continues to persist.