Mediation is a process in which the parties to a dispute (and their attorneys) meet with a neutral, third-party mediator who works with the parties to resolve their differences and settle the dispute (often a lawsuit). In many civil lawsuits the court will order the parties to engage in mediation.

The parties are not required to settle or resolve their differences at mediation, and if they are unable to do so, the case will proceed to trial, with the judge or jury ultimately resolving the matters in dispute. Settlement talks or discussions at mediation are generally not admissible in evidence at trial.

In Louisiana, mediation is a recognized alternative dispute resolution process where a neutral third-party mediator assists the parties in a dispute to reach a voluntary settlement. The process is designed to be confidential and less formal than court proceedings. Louisiana courts often encourage or require mediation, especially in civil cases, as a means to resolve disputes before proceeding to trial. While the parties and their attorneys are encouraged to work towards a settlement, they are not obligated to reach an agreement during mediation. If a settlement is not achieved, the case will continue through the traditional court process. Importantly, under Louisiana law, communications during mediation are generally privileged and cannot be disclosed or used as evidence in court should the case go to trial. This confidentiality is intended to promote open and honest dialogue between parties during the mediation process.