Glossary
Mediation
A facilitated negotiation where a neutral third person (the mediator) helps the parties try to reach a settlement. The mediator doesn't decide the case: they help the parties decide it themselves.
Mediation is voluntary in most contexts and required in some (many family courts mandate mediation before trial in custody disputes). The mediator listens to both sides, identifies common ground, suggests possible compromises, and shuttles back and forth between the parties.
Anything said in mediation is generally confidential and can't be used at trial if mediation fails. This lets the parties speak frankly about their real interests and concerns without worrying it'll be used against them later.
Mediation works because most disputes have more flexibility than the parties realize. A trained mediator can find creative solutions that satisfy both sides better than a winner-take-all judgment would.