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 Mississippi, mediation is a recognized alternative dispute resolution process where parties to a dispute, along with their attorneys, engage with a neutral third-party mediator to attempt to resolve their differences. This process is often utilized in civil lawsuits, and Mississippi courts may order parties to participate in mediation before proceeding to trial. While mediation aims to facilitate a settlement, parties are not obligated to reach an agreement. If mediation does not result in a settlement, the case will continue to trial where a judge or jury will make the final decision on the matter. Importantly, communications and settlement discussions that occur during mediation are typically confidential and not admissible as evidence in trial, promoting open dialogue and negotiation without the risk of compromising a party's position should the case go to court.