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 Illinois, 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. Illinois courts often encourage or mandate mediation in civil lawsuits as a means to resolve issues before proceeding to trial. While participation in mediation is sometimes required, reaching a settlement is not; parties maintain the right to proceed to trial if they cannot agree on a resolution. The confidentiality of mediation is protected under Illinois law, specifically through the Illinois Uniform Mediation Act (710 ILCS 35/). This act ensures that communications during mediation cannot be used as evidence in court if the case goes to trial, with certain exceptions such as threats of violence or evidence of a crime. The goal of mediation is to provide a less adversarial and more cost-effective means of resolving disputes compared to traditional litigation.