Even in a legal market where clients are eager to avoid the heavy costs of litigation, broaching the option of mediation can be tricky for outside lawyers.

Some fear bringing it up will make them or their case appear weak. Others may wonder if a faster, less adversarial approach could mean a smaller recovery for their client­—and fewer billable hours for their firm.

But veterans of mediation involving global companies said clients with a solid case may have all the more reason seek out a neutral mediator before spending a fortune in legal fees. An escalation clause that sets up mediation as a first step to addressing problems can save time and money, and also a client's business relationship, which is a long-term win for a lawyer's book of business.