Mediation
A voluntary process where a neutral person helps both sides reach their own agreement.
Definition
Mediation is a confidential, voluntary dispute resolution process in which a trained neutral third party — the mediator — helps the parties communicate and negotiate a settlement. Unlike arbitration, the mediator does not decide the outcome. Either party can walk away at any time. Agreements reached in mediation are usually recorded in a binding settlement agreement.
In practice
Courts in England and Wales increasingly expect parties to have considered mediation before litigating. Refusing without good reason can result in a costs penalty.