What is mediation?
Mediation is a process where a neutral third party helps the disputing parties reach their own agreement, without deciding the case.
Mediation is a neutral facilitator helping parties reach a voluntary agreement.
Where the word "Mediation" comes from
Mediation comes from the Latin mediare, to be in the middle. It is one of the oldest dispute resolution methods, and modern courts routinely refer cases to mediation because it is cheaper, faster, and often preserves relationships better than litigation.
Why Mediation matters
It lets the parties control the outcome, with a mediator facilitating communication and exploring options. Because the parties agree to the result, compliance is usually higher than with a court-imposed decision.
Common confusion about Mediation
A mediator is not a judge or an arbitrator. The mediator has no power to decide the case or force a settlement; if the parties cannot agree, the case proceeds to trial, whereas an arbitrator issues a binding decision, so the two roles are fundamentally different.
A real-world example of Mediation
A landlord and tenant dispute a security deposit, and the court refers them to mediation. The mediator meets with both sides, helps them understand each other's positions, and the parties agree the tenant gets half the deposit, ending the dispute.
A worked example of Mediation
Two neighbors fight over a boundary fence, and a mediator facilitates a session where they agree on a survey and share the cost of a new fence. Because they reached the agreement themselves, they are more likely to honor it, and the lawsuit is dismissed. If mediation fails, the case returns to court, but even a failed mediation often narrows the issues and improves settlement prospects later.
How Mediation works in practice
Prepare for mediation by identifying your interests, your best alternative to an agreement, and a realistic range of outcomes, because preparation drives results. Treat the mediator as a facilitator, not a decision-maker, and communicate openly, since the session is confidential. If you reach an agreement, memorialize it in writing immediately, because oral deals made in mediation can unravel before they are signed. Even when no settlement is reached, mediation often reveals the strengths and weaknesses of each side's case, and the candid exchange of positions frequently narrows the dispute enough that a later settlement or a shorter trial becomes possible.
Questions about Mediation
Is the mediator a judge?
No — they facilitate, they do not decide.
Is mediation required?
Courts often order it before trial in many cases.
What if we don’t agree?
You can still go to trial.
Is mediation confidential?
Usually yes, which encourages candor.