Mediation is a form of dispute resolution that resolves disputes between two or more parties, facilitated by an independent neutral third party known as the mediator. It is a structured, interactive process where the mediator assists the parties to negotiate a resolution or settlement through the use of specialized communication and negotiation techniques. All participants in mediation are encouraged to participate in the process actively. Mediation is "party-centered," focusing on the needs, interests, and concerns of the individuals involved, rather than imposing a solution from an external authority. The mediator uses a wide variety of techniques to guide the process in a constructive direction and to help the parties find their optimal solution.
Mediation can take different forms, depending on the mediator's approach. In facilitative mediation, the mediator assists parties by fostering communication and helping them understand each other's viewpoints. In evaluative mediation, the mediator may assess the issues, identify possible solutions, and suggest ways to reach an agreement, but without prescribing a specific outcome. Mediation can be evaluative in that the mediator analyzes issues and relevant norms ("reality-testing"), while refraining from providing prescriptive advice to the parties (e.g., "You should do..."). Unlike a judge or arbitrator, mediators do not have the authority to make binding decisions, ensuring that the resolution reflects the voluntary agreement of the parties involved.