What Is Mediation?
Last updated: March 2026
Mediation is a process in which the parties to a dispute work with a neutral third party to try to reach a voluntary resolution. In civil litigation, mediation often happens before trial and can play a major role in whether a case settles.
What is mediation in a lawsuit?
Mediation is a structured negotiation process where a neutral mediator helps the parties discuss settlement. The mediator does not usually decide who wins the case. Instead, the mediator helps the parties evaluate risk, communicate positions, and explore whether an agreement can be reached.
Why mediation matters
Mediation matters because many civil cases resolve before trial, and mediation is one of the most common ways that happens. It gives the parties a chance to discuss settlement in a focused setting without waiting for a final verdict. Even when a case does not settle at mediation, the process can still clarify issues and affect later negotiations.
Who usually attends mediation?
- The parties to the dispute
- Their attorneys
- The mediator
- Insurance representatives in some cases
- Corporate representatives when businesses are involved
- Other individuals with settlement authority if required
What does a mediator do?
A mediator helps guide the discussion, identify areas of disagreement, and move information back and forth between the sides. In many mediations, the parties spend much of the time in separate rooms while the mediator meets with each side privately. The mediator may ask questions, challenge assumptions, discuss risk, and help the parties explore possible settlement terms.
Is mediation the same as trial?
No. Mediation is not a trial and usually does not involve a judge deciding the case. There is typically no final verdict at the end unless the parties voluntarily agree to resolve the dispute. The purpose is usually to explore settlement, not to determine liability in a binding courtroom decision.
Is mediation binding?
Mediation itself is usually a nonbinding process, meaning the parties are generally not forced to settle just because they participated. However, if the parties reach an agreement and memorialize it in a binding settlement, that agreement can carry legal consequences. Whether a mediation outcome becomes enforceable depends on what is agreed to and how it is documented.
When does mediation happen?
Mediation can happen at different stages of a case. Some disputes go to mediation before a lawsuit is filed, while others mediate after the complaint is filed, during discovery, after major depositions, shortly before trial, or even during appeal. Often the timing depends on how much information the parties need before meaningful settlement discussions can occur.
Why some cases settle at mediation
Cases may settle at mediation because both sides want to reduce uncertainty, cost, delay, or trial risk. Sometimes the evidence developed through discovery changes the parties’ expectations. In other situations, mediation creates the first serious opportunity for structured settlement discussion.
Why some cases do not settle at mediation
Not every mediation results in settlement. The parties may disagree sharply about liability, damages, causation, credibility, or the value of the case. Sometimes additional discovery, expert analysis, or court rulings are still needed before meaningful resolution becomes possible.
How mediation fits into the larger lawsuit process
Mediation is often one step within the broader litigation timeline. A case may move from investigation to filing, then through discovery, depositions, motions, mediation, and possibly trial if no agreement is reached. Because mediation often happens after substantial information has been exchanged, it can be an important turning point in the case.
Common questions people ask
- What happens during mediation?
- Is mediation required in every lawsuit?
- Does mediation mean the case will settle?
- Can mediation happen before trial?
- Is mediation binding?
- Who attends mediation in a civil case?
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