Mediation

What mediation means

In short, mediation is a term you will meet in court papers, rules and legal research. The definition above gives its usual meaning in American civil practice. However, the exact meaning can depend on the rule, statute or court decision that uses it. So it helps to read the term in context.

Where mediation comes up

The term is used across many kinds of cases. For example, you may see it in pleadings, motions and court orders. To see it in context, browse the motions and procedures library or the Learn the Law topics.

How to research the term

Start with the primary source. For example, if mediation appears in a federal rule, read the rule itself and its official notes. After that, check your court’s local rules and any standing orders from the judge. In addition, search recent decisions from your own state or federal district. They show how courts read mediation in practice. Because state rules often differ, our state procedures guide links to each state’s official rules. Above all, make sure the version you read is still in force.

You can read the current federal court rules online for free.

Related legal terms

• Loss mitigation: options a mortgage servicer may offer to avoid foreclosure, such as a loan modification, forbearance or short sale.
• Material fact: a fact that could affect the outcome of the case under the governing law.
• Meet and confer: a required good-faith attempt by the parties to resolve a dispute before asking the court to decide it.
• Mortgage: a security instrument that gives a lender an interest in real property to secure repayment of a debt.

Why precise terms matter

Legal words often look like everyday words, but they can carry a precise meaning. Because of that, a small misreading can change how you understand a deadline, a duty or a right. Our glossary keeps each definition short and links it to the procedures where it matters.