Mediation in civil and commercial matters is practically unknown in Spain. EU Directive 52/2008 on civil and commercial mediation should be implemented during the first semester of 2011, and provide a legal framework for the use of this alternative dispute resolution method. This article provides an overview of mediation as a method of conflict resolution, highlighting its flexibility and cost/time effectiveness. The differences between mediator and negotiator are identified, and the change of structure from negotiation (two sides) to mediation (three positions) is analyzed to provide an introduction to the special position of the mediator and the techniques at his/her disposal to keep momentum and help overcome impasses. Reports provided by the American Arbitration Association and the French law firm Fidal deliver useful and revealing statistics on company satisfaction with mediation in the US and France. A brief review of the standard mediation phases precedes the last section, which reviews briefly how lawyers should approach mediation and make use of the process to enhance their negotiation possibilities.