{"id":357662,"date":"2016-04-04T10:41:50","date_gmt":"2016-04-04T15:41:50","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/adr\/mediation\/what-is-mediation.html"},"modified":"2026-06-24T14:11:00","modified_gmt":"2026-06-24T19:11:00","slug":"what-is-mediation","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/adr\/mediation\/what-is-mediation.html","title":{"rendered":"The Mediation Process"},"content":{"rendered":"\n
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The Mediation Process<\/h1>\n\n
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\n By Lark Lewis, J.D.<\/a> | Legally reviewed by John Mascolo, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

Mediation<\/span> moves through joint discussions<\/span>, private conversations, and guided negotiation, with both parties explaining their concerns and brainstorming<\/span> solutions. A neutral mediator<\/span> manages the process by framing issues, relaying information, and helping the parties work towards a compromise. If they reach an agreement, the mediator<\/span> helps finalize the terms so the dispute can resolve without going to court.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

Mediation<\/span> is a legal process through which opposing parties can resolve conflicts without going to court. It is one method of alternative dispute resolution<\/span> (ADR) where a neutral person guides opposing parties to a resolution. It is an alternative to resolving a legal dispute<\/a> through a trial or court case.<\/p>\n

Unlike arbitration<\/span><\/a>, a type of ADR similar to a trial, mediation<\/span> doesn\u2019t involve decision-making by a neutral third party<\/span>. Mediators<\/span> are often lawyers, but also include professionals who\u2019ve gone through mediation<\/span> training or a mediation<\/span> program.<\/p>\n

This article explores mediation<\/span> and what to expect during the process.<\/p>\n

Determining the best way to resolve your legal issue can be confusing. An attorney near you<\/a> can help you understand the ground rules<\/span> of mediation<\/span> and whether it\u2019s the best course of action for your legal matter.<\/p>\n

Understanding the Mediation<\/span> Process<\/h2>\n

The mediation<\/span> process is generally more prompt, less expensive, and simpler procedurally than formal litigation. Mediation<\/span> allows the parties to focus on the underlying circumstances that contributed to the dispute instead of on narrow legal issues. If the parties reach an agreement, the case resolves before the hearing or trial, reducing legal fees and time spent in court<\/a>.<\/p>\n

Why Choose Mediation<\/span>?<\/h3>\n

When parties seem unwilling or unable to resolve a dispute, one good option is to turn to mediation<\/span>. Mediation<\/span> as a process is generally:<\/p>\n