Mediation is a process in which the parties to a dispute (and their attorneys) meet with a neutral, third-party mediator who works with the parties to resolve their differences and settle the dispute (often a lawsuit). In many civil lawsuits the court will order the parties to engage in mediation.

The parties are not required to settle or resolve their differences at mediation, and if they are unable to do so, the case will proceed to trial, with the judge or jury ultimately resolving the matters in dispute. Settlement talks or discussions at mediation are generally not admissible in evidence at trial.

In Alabama, mediation is a recognized alternative dispute resolution process where a neutral third-party mediator assists the parties in a dispute to reach a voluntary settlement. It is commonly used in civil lawsuits, and Alabama courts may order parties to engage in mediation before proceeding to trial. While participation in mediation is often mandatory when ordered by the court, reaching a settlement is not; parties retain the right to proceed to trial if they cannot resolve their differences through mediation. The confidentiality of mediation is protected under Alabama law, specifically Alabama Code § 6-6-20, which ensures that communications during mediation cannot be used as evidence in court should the case go to trial. This confidentiality encourages open dialogue and promotes the likelihood of settlement by allowing parties to discuss issues without fear of their statements being used against them later in court.