What is Mediation?
Updated January 24, 2026
A form of alternative dispute resolution where a neutral third party (mediator) helps the parties negotiate a settlement without going to trial.
Understanding Mediation
Mediation is voluntary and non-binding until a settlement is reached. The mediator facilitates discussion but doesn't decide the case. Many courts require mediation before trial. It's often faster, cheaper, and more flexible than litigation, with high success rates.
Examples
- 1Court-ordered mediation before personal injury trial
- 2Half-day mediation resulting in settlement
- 3Mediator shuttling between parties in separate rooms
Related Terms
Arbitration
A form of alternative dispute resolution where a neutral arbitrator hears evidence and arguments from both sides and makes a binding decision.
Settlement
An agreement between parties to resolve a legal dispute without going to trial. Settlements typically involve the defendant paying the plaintiff an agreed-upon sum in exchange for dropping the lawsuit.
Statute of Limitations
A law that sets the maximum time after an event within which legal proceedings may be initiated. Once the statute of limitations expires, the claim is typically barred forever.
Discovery
The pre-trial phase in a lawsuit where each party can obtain evidence from the opposing party through various methods including interrogatories, depositions, and requests for documents.
Deposition
Sworn, out-of-court testimony given by a witness or party that is recorded for later use in court proceedings. Depositions are a key part of the discovery process.
For Personal Injury cases
The record behind a term like this one is built by the client, not the file.
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