Mediation is a process by which an impartial third party, called a mediator, facilitates communication between parties in conflict. The mediator has no power to make decisions for the parties. Rather, the mediator's goal is to assist and encourage disputing parties in reaching a voluntary, fully-informed and mutually-acceptable agreement. The mediator uses his or her skills and experience to establish a framework and process within which the parties can communicate. The mediator gets the parties talking, helps them explore differences, points out the strengths and weaknesses in each party's case, asks questions and makes private recommendations about the underlying merits of each side's case. Ultimately, the mediator may communicate settlement offers and counteroffers to each side at appropriate times. Attendance at a mediation may be voluntary or ordered by a court. However, the outcome is binding only if the parties reach a voluntary agreement.

Advantages of Mediation
Mediation provides a quick and relatively inexpensive way for contesting parties to settle their dispute or pending lawsuit. The alternative, litigation, can take an average of 1 to 3 years to reach trial. Typically, a high percentage of disputes can be resolved in mediation in what is a comparatively short time--weeks or months. Most importantly, the parties get to craft their own result—a settlement can occur only if each side accepts the result. In mediation, the parties negotiate the settlement themselves and know what the result will be, eliminating the risk of a jury or other decision-maker randomly and haphazardly deciding the case. Thus, both parties benefit in mediation.