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 Oregon, mediation is a recognized alternative dispute resolution process where a neutral third-party mediator assists the parties in a dispute to reach a voluntary settlement. Oregon law encourages the use of mediation in various types of civil disputes, and in some cases, courts may order parties to participate in mediation before proceeding to trial. While participation in mediation is often mandatory, reaching a settlement is not; parties retain the right to proceed to trial if they cannot resolve their differences through mediation. Importantly, communications during mediation are typically confidential and are not admissible as evidence in court, as per Oregon's mediation privilege statutes (ORS 36.220 to 36.238). This confidentiality is designed to promote open and honest dialogue in pursuit of a settlement without the fear that statements made during mediation will be used against a party later in court.