Mediation is when courts are avoided and a third party is used to facilitate dispute resolution between two parties who are in disagreement over a particular issue. The dispute is resolved through negotiation between the parties directly with the mediator supervising the process. To mediate is to remain impartial while assisting the disputing parties to work through their differences an bring about a satisfactory conclusion.
Mediation requires the parties involved in a dispute choose a third party to mediate when they wish to keep the proceedings confidential and cost effective, while ensuring that the outcome is legally binding. It is typically a voluntary process whereby a mediator delivers and clarifies information between the parties and identifies the problem that requires a solution. It is a process that focuses on the underlying issues instead of the legal aspect of the dispute. The purpose is therefore to find a suitable arrangement for both parties and not to find in favor of the party who is correct in the eyes of the law.