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 Georgia, 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. Georgia courts often encourage or require mediation, especially in civil cases, as a means to resolve disputes before proceeding to trial. While participation in mediation is sometimes mandated, reaching an agreement is not compulsory. Parties retain the right to proceed to trial if they cannot settle their differences through mediation. Importantly, communications during mediation are typically confidential and are not admissible as evidence in court, as per the Georgia Alternative Dispute Resolution Act and relevant case law. This confidentiality is designed to promote open dialogue and encourage settlement without the fear that concessions or offers made during mediation will be used against a party later in court.