Mediation in court is a process in which an impartial third party, called a mediator, helps people in a dispute to communicate with one another, to understand each other, and if possible, to reach agreements that satisfy everyone’s needs. Mediation is a free, voluntary, and confidential service that helps people who have a dispute to reach their own settlement. The mediator does not take sides or decide who was right or wrong in the past. Instead, the mediator helps people focus on the future and make their own decisions.

Mediation can be especially effective in family, neighbor, and business conflicts or where the people involved want to preserve their relationship. Mediation may not be appropriate or safe in cases involving a history or fear of domestic violence. Mediation can improve communication, help people achieve a better understanding of the situation and one another, save time and money spent on the conflict, address non-legal issues of importance to the people in conflict, and lead to longer-lasting agreements.

Mediation services are sponsored by the Civil Court of the City of New York and provided by approved Community Dispute Resolution Centers and local law school mediation programs. Mediation services are available to people who are involved in disputes that could otherwise be heard and decided in Civil Court of the City of New York by a judge or arbitrator. This includes small claims, civil claims, and some landlord-tenant disputes. However, both sides must agree to mediation, and in certain cases, at least one side must be handling the dispute without a lawyer.

The mediation process is flexible and relatively informal. It can take various forms, depending on the nature of the dispute, the approach of the mediator, and the needs of the parties. The parties, their lawyers, and the mediator can all meet together in "joint session." The mediator may meet with the two sides separately in "caucus." If everyone agrees, the parties may meet with the mediator without their lawyers.

In order to maximize the benefits of mediation, participants should keep the following principles in mind as they enter and participate in mediation:

• Cases are resolved in mediation only if the parties can agree to a settlement.
• Mediation is a voluntary process.
• Mediation is confidential.
• Mediation is a flexible process.
• Mediation is a collaborative process.
• Mediation is a problem-solving process.