• On notice of a dispute, appoint a jointly-selected mediator promptly.
• The mediator, by phone, probes whether each side has enough information to mediate effectively now.
• If they do not, the mediator arranges for a voluntary information exchange, ranging from simply answering questions from the other side, turning over documents, a short telephone deposition, or a limited audit. The exchange should be limited to only that information needed to meet the Driving Principles. It should be done as fast, cheap, and fair as possible.
• The mediator then seeks to resolve the dispute by phone, or schedules a face-to-face mediation.
• Informed parties, with good lawyers, proceeding in good faith, may choose not to settle. If so, the mediator should help them formulate a plan to resolve the dispute by arbitration or trial in the fastest, cheapest, and fairest manner.

I have drafted a detailed Mediation 2.0 clause (I call it early active intervention). If you would like a copy, please email me at psilverman@slk-law.com, or you can find it in the appendix to Lawyering with Planned Early Negotiation: How You Can Get Good Results for Clients and Make Money, by John Landes (ABA 2011), an informative book that describes new collaborative approaches to dispute resolution.