Which statement best describes mediation?

• A. A neutral mediator assists parties to reach a mutually acceptable agreement; process is private and confidential; participation is voluntary.
• B. Mediation is a formal court hearing.
• C. Mediation always results in a binding court order.
• D. Mediation is the same as arbitration.

Answer: (A)

Mediation is a voluntary, private process in which a neutral mediator helps the parties communicate and negotiate toward a mutually acceptable settlement. The mediator does not decide the outcome; the parties control whether to settle. Communications in mediation are confidential and generally inadmissible in court, which encourages openness. Participation is voluntary, and any binding agreement comes from the parties themselves, typically memorialized in a settlement agreement or a court-approved consent judgment. This differs from a formal court hearing, which is adversarial and decided by a judge, and from arbitration, where a neutral arbitrator issues a binding decision.