Final answer:
Mediation involves an objective third party facilitating negotiation and bargaining between two disputing parties to help them reach a mutually acceptable resolution without imposing any decisions.
Step-by-step explanation:
Mediation involves an objective third party who helps two parties settle their differences outside of court. Unlike a jury trial or a bench trial presided over by a judge, mediation allows both parties to engage in negotiation and bargaining to reach a mutually acceptable resolution. The mediator facilitates these discussions but does not have the authority to impose a decision or force a party to accept a settlement.
In this process, the mediator assists in identifying the issues, fostering joint problem-solving, and exploring settlement alternatives. Since the goal of mediation is to reach a consensus, it differs significantly from the adversarial nature of court trials where a judge or jury renders a binding decision and the losing party may be required to pay fines or damages.