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Glossary

Mediation

A meeting led by a neutral mediator who helps both sides try to reach a settlement. Nothing is decided unless both agree.

Last reviewed By the Editorial team 1 min read

General information, not legal advice. Talk to a licensed attorney in your state.

Quick answer

Mediation is a meeting led by a neutral mediator who helps both sides try to reach a Settlement. An agreement to resolve a claim for an agreed payment, usually in exchange for giving up the right to sue. Glossary. The mediator cannot decide the case, and nothing is settled unless both sides agree.

In a car accident claim#

Mediation usually happens after a lawsuit is filed, though the sides can agree to it earlier. Courts can order it: Texas law says a court may send a pending case to mediation on its own motion or at a party's request, and in Florida a court must send a filed civil case for money damages to mediation if one party asks and the costs can be paid, with some exceptions. The injured person and their lawyer, the insurer's Insurance adjuster. The insurance company employee who investigates a claim, decides what the policy covers and negotiates payment. Glossary and the defense lawyer usually take part, in person or by video.

The mediator often meets each side in a separate room and carries offers back and forth. In Texas, a mediator may not impose their own judgment on the issues in place of the parties, and communications in mediation are confidential and may not be used as evidence against the person who made them, with some exceptions. If the sides agree, they sign a written settlement agreement. If not, the lawsuit goes on, and talks can resume later. Our guide to mediation covers costs, confidentiality and what happens next.

Example#

Questions people ask

Is mediation the same as arbitration?

No. A mediator only helps the sides negotiate. An arbitrator hears the evidence and makes a decision, which may be binding depending on the agreement or the court's rules.

Is mediation binding?

The process itself is not; either side can say no to every offer. A settlement agreement that both sides sign at mediation is usually binding.

Sources

  1. United States Courts, Glossary of legal terms — mediation as an informal process led by a mediator
  2. Texas Legislature, Civil Practice and Remedies Code chapter 154 — referral, the mediator's role and confidentiality
  3. Florida Legislature, Florida Statutes § 44.102(2)(a) — as of October 2026

Last reviewed October 29, 2026 by the Accident Claim Facts editorial team. Found an error? Tell us.

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