How is mediation best defined?

Mediation is best defined as a process involving a third-party facilitator who helps parties in disagreement find a resolution. This third party, known as the mediator, does not impose a decision but rather assists in guiding the discussion, facilitating communication, and helping the parties explore solutions that are acceptable to both sides. The key aspect of mediation is that it is a voluntary and non-binding process, which distinguishes it from other forms of dispute resolution that may involve legal obligations or formal procedures.

Mediation promotes mutual understanding and cooperation, as it allows parties to discuss their issues freely in a structured environment. This collaborative approach is beneficial in many contexts, including workplace disputes, family matters, and community disagreements, where maintaining relationships may be a priority.

In contrast, negotiation typically refers to direct discussions between parties without necessarily involving a facilitator. A legally binding process indicates that the outcome is enforceable by law, which does not apply to mediation as agreements reached may be non-binding unless formalized in a different manner. Formal dispute resolution methods often involve arbitration or litigation, which are more structured and may include binding decisions, unlike mediation.