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 Idaho, 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. While the parties and their attorneys are encouraged to participate in mediation, they are not compelled to settle their differences during the process. If mediation does not result in a settlement, the case may continue to trial where a judge or jury will make a final decision on the matter. Idaho courts often order mediation in civil lawsuits as it can be an effective way to resolve disputes without the need for a trial. Importantly, communications during mediation are typically confidential and are not admissible as evidence in court, which encourages open dialogue and negotiation without fear that concessions or offers will be used against a party later in court.