Mediation
A voluntary, confidential dispute resolution process where a neutral third party (mediator) facilitates negotiation between parties — without imposing a decision.
Mediation is a form of alternative dispute resolution (ADR) where both parties meet with a neutral mediator — typically a retired judge or experienced attorney — who facilitates structured negotiation. Unlike arbitration or litigation, the mediator has no authority to impose a decision; any resolution requires voluntary agreement by both parties.
The process typically begins with opening statements, followed by joint sessions and private caucuses (where the mediator meets separately with each party). Skilled mediators help parties identify interests beneath stated positions, reality-test unrealistic expectations, and find mutually acceptable middle ground. Mediation is confidential — nothing said in the session can typically be used in later litigation.
Mediation costs $200–$500/hour per party (split equally) and usually resolves in one day. Courts often require mediation before trial. Success rates are high — roughly 70–80% of mediations reach settlement. Even unsuccessful mediations usually narrow the issues and sometimes lead to settlement shortly afterward.
Real-World Example
The employment discrimination case went to mediation after two years of discovery; the $65,000 settlement was reached by 4 PM after the mediator helped both parties understand the risks and costs of continuing to trial.