Mediation is a type of refereed negotiation, where a mediator (the “referee”) helps the parties to the dispute try and reach an agreement. It’s an informal process that takes place outside the courtroom. The mediator doesn’t have the authority to make a decision who wins or who loses. The facilitator cannot force the parties to settle. The mediator is there to keep the discussion moving forward, to offer his insight and perspective on the issues in dispute and to ensure that everyone has an opportunity to participate in the process.
A settlement conference is basically the same as a mediation. Typically, the parties pay for the mediator’s services, whereas the settlement conference judge is a volunteer or judicial officer who presides over the settlement conference at no charge to the parties.