Mediation is a structured negotiation process in which a neutral third party helps disputing sides try to reach agreement. In plain language, it is a settlement-focused conversation guided by a mediator rather than decided by a judge or jury.
Why It Matters
The term matters because mediation is common in civil, family, business, and employment disputes. It can help parties resolve cases more quickly, preserve relationships, and explore outcomes that are not as easy to obtain through formal judgment.
Where It Appears
The term appears in court scheduling orders, family-law cases, business disputes, contract conflicts, employment claims, and alternative-dispute-resolution provisions.
Practical Example
Two businesses disagree over a service contract and attend mediation before trial. With a mediator’s help, they negotiate a payment schedule and future performance terms that settle the case.
How It Differs From Nearby Terms
- Settlement is the agreement that may result from mediation.
- Bench trial and jury trial are adjudicative processes, while mediation is negotiated resolution.
- Arbitration clause requires a different process in which a neutral decision-maker may issue a binding outcome.
Related Terms
Knowledge Check
- Does a mediator usually impose the final decision like a judge? No. The mediator helps negotiation but usually does not impose a binding ruling.
- Can mediation happen after a lawsuit is filed? Yes. Courts often encourage or require mediation after litigation begins.