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Dictionary · Courts and procedure

Mediation

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Mediation is a confidential, non-binding process in which a neutral helps the parties negotiate a settlement. It ends a large share of litigated matters without a trial.

A mediator does not decide the outcome. The parties retain control and are free to leave without an agreement. Courts often require or encourage mediation at set points in a case.

For measurement, mediation is a checkpoint at which settlement hazard concentrates. The likelihood of resolution in the weeks around a scheduled mediation is much higher than in an ordinary period.

Mediation is not a determination of liability. It records an agreement or its absence.

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Related Terms
Settlement ConferenceArbitrationCheckpointDispositionSummary Judgment

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