Mediation is an alternative that can help physicians resolve claims and preserve some semblance of their own humanity while continuing to care for patients. Kepka signed multiple documents, including a document entitled Agreement for Arbitration ( the arbitration agreement ).The court will only appoint a mediator or other ADR Provider from an approved list in the event that the parties cannot agree on an ADR Provider. A high proportion of civil cases settle,1 but a sealed settlement agreement is filed in less than one-half of one percent of civil cases.