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 Arizona, mediation is a widely recognized alternative dispute resolution process where a neutral third-party mediator assists the parties in a dispute to reach a voluntary settlement. While the courts in Arizona often encourage or mandate mediation in civil lawsuits, participation in the process does not guarantee a resolution. Parties and their attorneys are free to negotiate, but they are not compelled to settle if they cannot reach an agreement. If mediation fails to resolve the dispute, the case may proceed to trial. Importantly, Arizona law typically protects the confidentiality of mediation proceedings. This means that communications, negotiations, or settlement offers made during mediation are not admissible as evidence in court should the case go to trial, as outlined in the Arizona Rules of Evidence and relevant state statutes. This confidentiality is designed to promote open and honest dialogue during mediation without fear that statements could be used against a party later in court.