It is one of several ADR processes available to the courts. In mediation, the disputants meet face to face to discuss their differences and, with the help of a mediator, try to reach a mutually satisfactory outcome to their dispute. Mediation differs from arbitration and judicial adjudication in that the third neutral party is not a fact finder nor adjudicator. In fact, a mediator is statutorily prohibited from imposing his or her own judgment of the issues on the parties. The mediator simply facilitates discussion and issue clarification, and encourages the parties to come up with those solutions that are most satisfying to them.
Mediation is also part of a new movement in criminal justice called restorative justice.
This new approach proposes that we look at crimes, criminals and their victims through a different lens. In our current retributive justice system, the state is considered the victim and is represented by the prosecutor. Restorative justice, on the other hand, seeks to involve all the people affected by the crime. Consequently, both the victim and the offender take a more active role in the outcome of the case. The community, also considered an affected party, is likewise involved through the mediator who is often a community volunteer.