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 South Dakota, mediation is recognized as a valuable tool for dispute resolution in civil lawsuits. The process involves a neutral third-party mediator who assists the disputing parties and their attorneys in negotiating a settlement. While the courts in South Dakota may order parties to engage in mediation, it is important to note that reaching a settlement during mediation is not mandatory. If the parties cannot resolve their differences through mediation, the case will continue to trial where a judge or jury will make the final decision on the matter. Furthermore, South Dakota law typically protects the confidentiality of settlement discussions that occur during mediation. This means that anything said or any offers made during the mediation process are generally not admissible as evidence if the case goes to trial, encouraging open and honest communication during mediation.