the attempt to settle a legal dispute through active participation of a third party
(mediator) who works to find points of agreement and make those in conflict agree
on a fair result. Mediation differs from arbitration, in which the third party (arbitrator)
acts much like a judge in an out-of-court, less formal setting but does not actively
participate in the discussion. Mediation has become very common in trying to resolve
domestic relations disputes (divorce, child custody, visitation) and is often ordered
by the judge in such cases. Mediation also has become more frequent in contract
and civil damage cases. There are professional mediators or lawyers who do some
mediation for substantial fees, but the financial cost is less than fighting the
matter out in court and may achieve early settlement and an end to anxiety. However,
mediation does not always result in a settlement.
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