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 New Jersey, mediation is a widely used alternative dispute resolution process where a neutral third-party mediator assists the parties in a dispute to reach a voluntary settlement. It is commonly employed in civil lawsuits, and New Jersey courts often mandate mediation as a step before the case proceeds to trial. While participation in mediation is generally required, reaching a settlement is not; parties maintain the right to proceed to trial if they cannot resolve their differences through mediation. Importantly, communications during mediation are considered confidential and are protected from disclosure. This means that anything said or discussed in mediation cannot be used as evidence in a trial, as per the New Jersey Rules of Evidence, specifically Rule 1:40-4(b). This confidentiality is designed to encourage open dialogue and a genuine effort to settle the dispute without fear that concessions or admissions will be used against a party later in court.