Mediations are an increasingly popular alternative dispute resolution (ADR) process. Mediation is a process by which parties in a claim or a lawsuit come together for a meeting in which they try to resolve their differences with the help of a mediator. The mediator and the parties work together to attempt to achieve a settlement or other resolution of the case. For people who are more familiar with court ordered settlement conferences, mediations are similar to a settlement conference; however, they usually last longer with the parties more involved in the process.

Everything that is said at mediation is confidential, and cannot be used against a party later in a lawsuit.

Mediations can vary a great deal depending upon the style of the mediator, attorneys and the nature of the case. Most mediation cases begin with a "joint session" where all of the parties, attorneys and insurance adjusters meet in one conference room with the mediator.

The mediator describes the process that will be followed and then each side has an opportunity to present their point of view of the case to the other side and the mediator. The parties themselves can speak to the other side if they choose. In cases in which there is extreme hostility between parties, such as cases of sexual abuse and exploitation, the joint session may be bypassed in order to protect the plaintiff.

If there is a joint session, when it is finished the parties and their attorneys go to separate rooms and the mediator shuffles back and forth from the rooms discussing important issues in the case and conveying settlement demands and offers.