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 Oklahoma, 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. Oklahoma courts often encourage or require mediation in civil lawsuits before the case goes to trial. While the mediator facilitates the discussion and negotiation, they do not have the authority to impose a decision on the parties. Participation in mediation does not guarantee a settlement, and 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 a final decision. Importantly, communications during mediation are typically confidential and are not admissible as evidence in trial, which encourages open dialogue and negotiation during the mediation process.