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 Pennsylvania, 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. While the courts in Pennsylvania may order parties to participate in mediation, especially in civil lawsuits, there is no obligation for the parties to actually settle their dispute through this process. If the parties cannot reach an agreement during mediation, the case can proceed to trial where a judge or jury will make the final decision on the matter. Importantly, Pennsylvania law typically protects the confidentiality of settlement discussions that occur during mediation. This means that anything said or any offers made during mediation are not admissible as evidence in trial, encouraging open and honest communication between the parties during the mediation process.