What is mediation in a legal sense?

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Mediation in a legal sense is best described as a conflict resolution method involving a neutral third party. This process is designed to help disputing parties reach a mutually acceptable agreement without the need for a formal trial. A mediator, who is typically trained in dispute resolution, facilitates communication between the parties, encourages understanding, and assists them in exploring options for settlement. The key aspect of mediation is its voluntary nature; all parties must agree to participate and maintain control over the outcome, as opposed to having a decision imposed by a judge or court.

In mediation, the focus is on collaboration and problem-solving rather than on determining who is right or wrong, making it an effective alternative to more adversarial legal processes. Unlike a formal court proceeding, mediation does not involve evidence presentations or legal arguments; rather, it emphasizes negotiation and dialogue. This approach can often lead to quicker, less expensive, and less stressful outcomes for the parties involved.

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