Business law glossary

Mediation

a nonbinding negotiation process guided by a neutral mediator

What Mediation means

Mediation generally refers to a nonbinding negotiation process guided by a neutral mediator. The exact effect depends on the document, governing law, facts, and defined terms.

Business example

Business partners may use mediation to test settlement options while retaining control over whether an agreement is reached.

Do not confuse it with

A mediator does not normally decide the dispute. An arbitrator or judge can issue a decision under the applicable process.

What to check in the file

  • Confirm who has authority to settle.
  • Prepare a chronology, key documents, disputed amounts, and business objectives.
  • Review confidentiality and admissibility rules.
  • Write any settlement terms clearly and identify remaining actions.

Sources to verify

Start with the linked authority, then check the governing document and the current agency, court, or state source that applies to the situation.

Before sharing records

  • Keep originals in a controlled file and review a clearly dated working copy.
  • Redact sensitive data unless the recipient is authorized and needs it.
  • Label each document with its date, parties, version, jurisdiction, and status.
  • Ask one focused question and identify the desired business outcome.