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 Minnesota, 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 mediator facilitates the discussion, they do not impose a decision. In many civil cases, Minnesota courts may order the parties to engage in mediation before proceeding to trial. This is often seen as a way to reduce court congestion and encourage the resolution of disputes without the need for a full trial. The mediation process is confidential, and any settlement discussions or offers made during mediation are typically not admissible in court, as per Minnesota Statutes and the Minnesota Rules of Evidence. This confidentiality is designed to promote open communication and negotiation. If the parties cannot reach an agreement during mediation, the case will continue through the court system, and the unresolved issues may be decided by a judge or jury at trial.