What is the primary function of mediation?

The primary function of mediation is to assist in settling a dispute outside of court. Mediation is a process where a neutral third party, the mediator, facilitates communication between the disputing parties to help them reach a mutually satisfactory agreement. This method emphasizes collaboration and finding common ground, aiming to resolve issues without the need for litigation.

Unlike litigation, which is adversarial and culminates in a binding decision by a judge or jury, mediation allows the parties to work together to come to a resolution that meets their needs. This approach can save time, reduce costs, and preserve relationships, which is particularly valuable in disputes where ongoing interaction is likely.

While self-representation can be a part of mediation, the main focus is not on how parties represent themselves, but on the process of negotiation and settlement. Unlike mediation, gathering evidence is a formal part of the litigation process, which is not the intention of mediation. Mediators do not make decisions or rulings; they facilitate discussions to help reach a resolution voluntarily.