What is 'mediation' in the context of legal disputes?

Mediation is fundamentally a negotiation process that involves a neutral third party who facilitates communication and negotiation between the disputing parties. The primary aim of mediation is to help these parties reach a mutually agreeable resolution to their conflict without proceeding to litigation. The neutrality of the mediator is crucial, as it ensures that both sides feel safe to express their views and concerns openly. Unlike a judge, who makes binding decisions, the mediator does not impose a solution but rather assists the parties in finding common ground and crafting their own agreement.

This process stands in contrast to other options, which either involve formal court procedures or binding decisions. For instance, courtroom procedures and binding arbitration do not incorporate the collaborative nature of mediation, where flexibility and creative solutions are emphasized. Additionally, while mediation can indeed be a step before going to trial in some instances, it is not universally a legal requirement, making the assertion of a mandatory mediation process before trial misleading.