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 Montana, mediation is a recognized alternative dispute resolution process where parties to a dispute, along with their attorneys, engage with a neutral mediator to attempt to resolve their differences outside of court. Montana courts often encourage or require mediation in civil lawsuits as a means to facilitate settlement before proceeding to trial. While participation in mediation is sometimes mandated, reaching a settlement is not compulsory. If parties cannot come to an agreement during mediation, they retain the right to have their case decided by a judge or jury at trial. Importantly, communications during mediation are typically protected by confidentiality rules, meaning that anything discussed or any offers made during mediation are not admissible as evidence if the case goes to trial. This encourages open dialogue and negotiation during the mediation process without fear that concessions or offers will be used against a party later in court.