With the assistance of a trained mediator, the parties explore settlement options and may be able to avoid the pretrial and trial process. Under Rule 24.1, civil actions that are subject to case management are referred to mandatory mediation. Case management is a system in which the court supervises cases and imposes strict timelines on their movement through the pretrial and trial process. Certain civil actions, such as family law cases, are excluded from mandatory mediation. Under Rule 75.1, estates, trusts and substitute decisions matters are referred to mandatory mediation.
Mediation often leads to resolutions that are tailored to the needs of all parties.
Generally, the best solution to a problem is one worked out by the parties themselves. Many people find mediation more satisfying than a trial because they play an active role in resolving their dispute, rather than having a solution determined by a judge. The mediation process is informal and completely confidential. Parties in mediation may speak more openly than in court. Many people find mediation a more comfortable and constructive process than a trial.