With so much business online, emerging technologies and evolving laws, there is a greater need for mediation in the realm of cyber security.

Types of Cases that Can Be Mediated
Most cyber security cases can be mediated when both parties agree to use this process and participate in it in good faith. A variety of cases can go through the mediation process, such as:

• Disclosure of personal information for a credit card transaction
• Cyber insurance coverage disputes
• Cyber security failure issues
• High-profile data breaches
• Coverage matters
• Invasion of privacy disputes
• Class action lawsuits regarding data breaches or privacy violations
• Cases involving violation of state privacy laws
• Telephone Consumer Protection Act violation issues
• HIPAA violations
• Fair Credit Reporting Act claim

Subject Matter Expertise
Because cyber security cases involve complex legal issues and complicated technological questions, it is important that parties select a mediator who is knowledgeable on these subjects and this developing area of the law.

Confidentiality
One of the most important aspects of mediation that make it ideal for mediation is confidentiality. The parties engage in a private process are not allowed to be shared with the public. If the parties are unable to reach an agreement, they can proceed with litigation, but they cannot repeat anything that was shared during mediation. This is a much better advantage over the public process of litigation.

Reduction of Costs
Mediation is usually much more affordable than litigation, especially when the case involves privacy violations or data breaches. Mediation costs can be split between the parties. Additionally, mediation provides an option to resolve a case before legal fees mount to a high degree.

Contract Interpretation
Parties can also engage in the mediation process when they need an objective viewpoint regarding the interpretation of the contract. Cyber security and cyber insurance are relatively new concepts for traditional court systems to handle. In some cases, courts have made harsh rulings that were unprecedented. Mediation can allow the parties an alternative way to resolve their dispute without having to risk an official court ruling regarding their contract.