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 Washington State, 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 Washington often encourage or mandate mediation in civil lawsuits, participation in mediation does not guarantee a resolution. Parties retain the right to proceed to trial if they cannot reach an agreement during mediation. Importantly, under Washington law, communications during mediation are typically confidential and are not admissible in court, as per the Uniform Mediation Act (RCW 7.07). This confidentiality is designed to promote open and honest dialogue during mediation. If the mediation does not result in a settlement, the case will continue through the traditional court process, culminating in a trial where a judge or jury will make a final decision on the dispute.