The mediation process assists parties with settlement discussions and negotiations so that they may resolve their own disputes instead of a judge or a jury deciding who will win and who will lose a case. It also is a chance to avoid the expense and stress of protracted litigation.
Although the court has the authority to order parties to mediation, it truly is a voluntary, confidential process that is aided by a neutral third party called a mediator. Good faith is required, which means the parties are to participate in the mediation with the intent to work toward a resolution of the case to end the litigation.