In mediation, a neutral third party acts as an intermediary to facilitate the mutually agreeable resolution of a legal dispute. Mediation is not uncommon in personal injury actions. In some cases, the court will order the parties to mediation in an attempt to reach a settlement without the need for litigation. The mediation would, therefore, be a mandatory condition that would need to be met prior to the judge allowing the parties to go to trial. Other times, the parties may voluntarily go to mediation.
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