Thirdly, counsel should keep ADR in mind as an option even when a court- annexed program is not available. While some disputes reportedly need “ripening” in the sun of litigation before the pummeled parties see the benefits of settlement, some studies, and anecdotal evidence of mediators, indicate that the earlier a dispute goes to mediation, the better — in part because there are fewer “sunk costs” discouraging parties from settling for less. Private providers of mediation services have long been available in California, Texas, Florida and other states, and they are on the rise here in the New York City area. Not only does mediation offer to save time and reduce cost, but it can protect sensitive relationships, spread an umbrella of confidentiality over potentially embarrassing disputes, result in greater party satisfaction, and, with a consensual settlement, increase chances of collection or adherence to the terms upon which the dispute was resolved.