Mediation

Mediation is a voluntary and confidential process in which a neutral third party, the mediator, assists the disputing parties in reaching a mutually acceptable resolution. Unlike an arbitrator or a judge, a mediator does not have the authority to impose a decision or make a binding ruling. The mediator's role is to facilitate communication, identify the underlying interests of each party, clarify misunderstandings, and help the parties explore potential solutions. The process is entirely guided by the parties, and they retain full control over the outcome. The goal of mediation is to find a creative and sustainable solution that addresses the needs and interests of all involved.

The legal framework surrounding mediation is primarily focused on promoting its use and ensuring the confidentiality of the proceedings. Most jurisdictions have laws or court rules that encourage or even mandate mediation for certain types of disputes, such as family law or small claims cases, before they can proceed to trial. These laws often establish the legal enforceability of a settlement agreement reached through mediation, provided it is properly documented and signed by the parties. A crucial aspect of mediation law is the principle of privilege or confidentiality, which protects statements made during the mediation process from being used as evidence in subsequent legal proceedings, thereby encouraging open and honest communication.