Mediation is a structured, facilitated, and confidential alternative dispute resolution ("ADR") process in which a neutral and impartial third party — the mediator — assists the disputing parties in identifying their underlying interests, evaluating their respective positions, and exploring potential bases for a negotiated settlement. Critically, the mediator does not render a decision, impose a resolution, or adjudicate the merits of the dispute. Authority to settle remains at all times with the parties themselves.

Mediation is notable for its high settlement rate — empirical data compiled by leading ADR institutions, including JAMS and the American Arbitration Association, indicate that mediation resolves approximately 75 to 80 percent of commercial disputes that reach it.

Mediation proceedings are governed by confidentiality protections under applicable statutes — including the Uniform Mediation Act in adopting U.S. states — and, in the international context, mediated settlement agreements may be enforceable across jurisdictions pursuant to the United Nations Convention on International Settlement Agreements Resulting from Mediation