Mediation can play a valuable role in the litigation process. Typically, mediation is used to help bring warring parties together in an effort to resolve a particular piece of litigation. In some instances, even if settlement is not reached, the positions of the parties become clearer and it becomes possible to narrow some of the issues which are in dispute.

Mediation may be conducted by a judge or by a neutral third-party. Mediations which are geared toward settlement normally entail each side making a presentation to the mediator regarding their respective positions – during this introduction, a party might lay out the facts of the case, the issues in dispute, and what resolution that party wants to get by filing the lawsuit. Usually after this, the parties are split up and the mediator goes back and forth between the parties in an effort to broker an agreement that will terminate the litigation. This resolution may entail financial compensation or some other form of relief.

Mediation is not a trial and the mediator, even if he is a judge, is not playing the role of a judge. The mediator does not make legal judgments or make any binding directives. While the mediator may point out holes in each sides arguments, these comments are made with an eye towards resolution, not as any indicator of what could happen at trial.

Mediation is generally confidential. This means that what happens at the mediation stays at the mediation, and is not admissible during a trial. This helps facilitate resolution by getting the parties to move off of positions they might normally assert during a trial.

Finally, while mediation can help resolve a matter, a party should never be afraid to walk away from mediation if it is not going to resolve the problem. Mediation is not meant to be a cure-all; it is merely a way to help promote settlement between the parties. It is not required, or even warranted, in every case. But in those cases where the parties believe it can be useful, the results are usually positive because even if a resolution is not reached, each party has learned a great deal about the other side’s position and goals, which can be critical in resolving a lawsuit even when mediation fails.