What is mediation?

Mediation is defined as a nonbinding discussion between parties aimed at resolving conflict or reaching an agreement. This process involves a neutral third party, known as a mediator, who facilitates conversation and negotiation between the conflicting parties. The key aspect of mediation is that it does not impose a decision upon the parties involved; instead, it encourages them to work together to find a mutually agreeable solution. Mediation is often preferred in resolving disputes because it allows for more control over the resolution process and outcomes by the individuals involved.

In contrast, a binding legal agreement refers to an arrangement where both parties must adhere to the terms set forth, which is not the case in mediation where the outcome is not legally enforceable unless subsequently formalized into a contract. An arbitration process typically involves a third party making a decision that is binding, differing from the voluntary nature of mediation. Lastly, a court hearing is a formal procedural setup established within the judicial system, aimed at adjudicating a legal dispute, which contrasts with the informal, collaborative spirit of mediation.