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 Maine, mediation is a common alternative dispute resolution process where a neutral third-party mediator assists the parties in a dispute to reach a voluntary settlement. It is often used in civil lawsuits, and Maine courts may order parties to engage in mediation before proceeding to trial. While mediation aims to help parties find a mutually acceptable resolution, it is not mandatory for them to settle their differences during the process. If parties cannot reach an agreement, the case will continue to trial where a judge or jury will make the final decision. Importantly, under Maine law, communications during mediation are generally confidential and cannot be used as evidence in court if the case goes to trial. This confidentiality is designed to encourage open dialogue and a willingness to negotiate without fear that concessions or offers made during mediation will be used against a party later in court.