What Is Mediation?
Mediation is a voluntary, confidential process in which a neutral mediator helps people in a dispute reach their own agreement. The mediator doesn't decide the outcome — the parties stay in control — which usually makes it faster, cheaper, and more private than court.
By Find Local Law Editorial Team · Last reviewed: May 24, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
Mediation is one of the main forms of alternative dispute resolution (ADR) — ways to resolve a dispute without a full court trial.
How it works
A mediator is a neutral person who helps the people in a dispute talk through their differences and look for a solution they can both accept. As the California courts put it, the mediator doesn’t decide the dispute — they help the parties communicate so they can try to settle it themselves. Control of the outcome stays with the parties.
That’s the key difference from a judge or an arbitrator, who hears the evidence and imposes a decision. See mediation vs. arbitration.
Why people choose it
- Faster and cheaper than litigating to trial.
- Private — mediation communications are confidential under California law.
- Flexible — the parties craft their own solution, not a one-size-fits-all judgment.
- Voluntary — you generally can’t be forced to settle, so there’s little downside to trying.
When it’s used
Mediation works for most civil disputes — business and contract disagreements, real estate, and family matters. In California, it’s actually required for contested child custody and visitation before the court will hold a hearing.
Curious what a session looks like? See how mediation works. To get matched with a local attorney or mediator, connect with a lawyer.
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Start your free intakeFrequently asked questions
- What is mediation?
- A process where a neutral third party (the mediator) helps the people in a dispute communicate and negotiate so they can reach a mutually acceptable agreement. The mediator facilitates — they don't impose a decision.
- Is mediation binding?
- The mediation itself isn't binding — no one is forced to settle. But if the parties reach an agreement and sign it, that written settlement can become a binding, enforceable contract.
- What kinds of disputes can be mediated?
- Most civil disputes — contracts and business disagreements, real estate, neighbor and family disputes, and, in California, custody and visitation issues (where mediation is required before a hearing).
- Who pays for mediation?
- Private mediators charge a fee, often split between the parties. Courts also offer alternative dispute resolution (ADR) programs, and court-provided child custody mediation through Family Court Services is generally free.
Sources
Related guides
- Child Custody Mediation in California When California parents can't agree on custody or visitation, the court sends them to mediation before the hearing (Family Code §3170). Each court provides it through Family Court Services, it's confidential, and in some counties the mediator may also make a recommendation to the judge.
- How Mediation Works: The Process Mediation usually follows a simple arc: the mediator's opening, each side shares their view, joint and private discussions (caucuses), negotiation, and — if the parties agree — a written settlement. It's voluntary, so anyone can end it, and what's said stays confidential.
- Is Mediation Confidential in California? Yes. Under California Evidence Code §1119, almost nothing said or written for a mediation is admissible as evidence or subject to discovery, and participants can't be forced to disclose it — subject to narrow exceptions. Attorneys must even give clients a written confidentiality disclosure before mediating (§1129).
- Mediation vs. Arbitration in California In mediation, a neutral helps you and the other side reach your own agreement and nothing is imposed. In arbitration, a neutral arbitrator hears both sides and decides the outcome — and private arbitration is usually binding under the California Arbitration Act (Code of Civil Procedure §1280 et seq.).