One of the amazing things about mediation is that over the last 10 years, it has been used increasingly in many instances such as family separations, partners in dispute or organizational disagreements.  

Mediation is an alternative to the formal justice system, not a part of it, and is conducted by a mediator rather than a lawyer.

Mediation is a way of getting to the bottom line and finding compromise solutions. When business partners are fighting, using a mediator will help solve a dispute. In some instances the partners are relatives and settling a dispute does not have to end in family breakdown.

When a couple is getting divorced, it is a way for families who are splitting into parts to learn to deal with the changes in roles, duties and opportunities and to face those changes with emotional balance.

To many organizations, mediation is a method of ensuring that there is communication, and that problems are resolved rather than ignored and cured rather than being allowed to fester.
To quote from the Texas Law Review, A Glass Half Full at Vol. 73:1594, “Mediation is something better, more accessible and understandable to the lay person, less adversarial, expensive, and time-consuming, and more likely to produce an outcome that matches the interests of the disputants.”

Successful mediation requires a few elements and must include a third-party facilitator like a mediator. The third party is a neutral person who makes the entire process work. As long as there is a neutral facilitator that the parties can trust, they will both feel safe. This process works because the mediator is known to both to be neutral and supportive of the parties. 

The mediator protects the integrity of the proceedings with confidentiality. There are no records kept by the mediator. In fact I, as a mediator, take notes on paper and then destroy the notes after a settlement is reached. In the end, the settlement will be legally binding and will be signed with your lawyer.
What defines these proceedings as mediation is that the parties are talking in the hope of seeking solutions rather than for an ulterior purpose (e.g. to abuse the other party by use of the process). The behavior and integrity of the neutral facilitator are crucial in creating and preserving good faith.

Those seeking conflict resolution must be present, along with others who have full authority to act for the parties in order to work towards a resolution. If the decision-makers do not attend, the process becomes something other than mediation. All parties necessary to resolve the problems should interact with the mediator. In a family dispute, if a party always checks with his/her parents before acting, the parents may attend. In an organization, if the president checks with the committee members, they should attend. It is the parties who are resolving their differences as much as it is the problem that is being settled.

An appropriate site or venue, generally a neutral site, is conducive to the mediating process. It must be a place where neutrality, confidentiality and inclusiveness may be obtained.
Mediators, such as myself, are part of a community action taking part in (ADR) Alternative Dispute Resolution, where we help resolve conflicts and problems that otherwise would end up in court.

In conclusion, as I see it, mediation means solving disputes peacefully, harmoniously and while improving relations between the two parties — which is why, in recent years, so many families and others with disputes involve mediators.
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Ben Gurion Matsas