mediation

Mediation is a structured, voluntary, confidential process in which a neutral third party—the mediator—assists two or more disputing parties to communicate, clarify issues, and negotiate a mutually acceptable agreement. Unlike adjudicative processes, the mediator does not decide the outcome and does not impose solutions. The goal of mediation is to empower participants to reach a durable settlement that satisfies core interests rather than enforcing positions.

Mediation is used across contexts—civil, family, workplace, community, and international disputes. It is typically time-limited and non-binding until the parties sign an agreement. A typical process includes intake, a joint opening session, identification of issues, private caucuses, negotiation, and drafting of a settlement. Mediators employ facilitation and negotiation techniques to manage emotions, address power imbalances, and help parties explore interests. Styles vary from facilitative (emphasizing process and mutual gains) to evaluative (offering assessments) and transformative (focusing on empowerment).

Benefits of mediation include lower cost and faster resolution, preservation of relationships, greater voluntary control over outcomes, and higher privacy than court proceedings. Limitations include no guaranteed result, reliance on voluntary participation, potential power disparities between parties, and varying quality of mediator skills. Compliance with mediated agreements may require court endorsement or contract enforcement, and some issues may not be suitable for mediation.

Ethical standards in mediation commonly emphasize neutrality and impartiality, confidentiality, competence, disclosure of conflicts of interest, and informed consent. Professional bodies issue codes of ethics and credentialing for mediators. Mediation has become widespread in court systems, workplace programs, and online platforms, with expanding use in cross-border and international disputes.