How does mediation function within the civil justice system?

Mediation functions within the civil justice system primarily as a collaborative process aimed at resolving disputes amicably between parties. In mediation, a neutral third party, the mediator, facilitates discussions and negotiations between the disputing parties. The goal is to help them reach a mutually acceptable agreement without the need for litigation. This collaborative nature allows for open communication, where both sides can express their interests, explore potential solutions, and work together to craft a resolution that satisfies everyone involved.

This approach stands in contrast to an adversarial process, such as litigation, where a judge imposes a decision on the parties. Unlike binding decisions that are characteristic of court rulings, mediation outcomes are non-binding unless the parties voluntarily agree to the terms. This flexibility encourages cooperation and creativity in problem-solving, often leading to more satisfactory and durable agreements.

Moreover, mediation is not an appeal process for court decisions, nor is it a formal trial procedure. It is distinct in its emphasis on negotiation and mutual agreement rather than on legal adjudication. This role of mediation aligns with the broader goals of the civil justice system to promote efficient dispute resolution and reduce the burden on the courts.