In mediation, a neutral mediator works with the parties to explore positions, test assumptions, and reach agreement. The mediator has no authority to impose an outcome, so any resolution requires both sides to agree.
Sessions typically combine joint discussion with private caucuses, where the mediator speaks candidly with each side about weaknesses the parties would not concede publicly.
Alternative Names:
Mediated Settlement, Facilitated Negotiation
Why it Matters?
Mediation is the primary settlement mechanism in complex litigation, and preparation determines outcomes more than advocacy during the session. Effective preparation means having damages analyzed, liens identified, authority arranged in advance, and the decision-maker present or immediately reachable. Cases fail to settle at mediation more often because someone lacked authority or information than because the gap was genuinely unbridgeable.
Frequently Confused with
Related terms
Frequently asked questions
Is anything said in mediation confidential?
What makes mediation more likely to succeed?
