What is "mediation" in the context of civil practice?

Mediation is accurately defined as an alternative dispute resolution process that involves a neutral third party facilitating communication and negotiation between disputing parties. This process aims to help the parties reach a voluntary, mutually acceptable resolution to their conflict without the need for formal litigation. The mediator does not make decisions for the parties but rather assists them in understanding each other's positions, exploring potential solutions, and negotiating terms.

The importance of mediation lies in its ability to provide a less adversarial and more cost-effective means of resolving disputes compared to traditional court proceedings. Parties retain more control over the outcome since they are actively involved in the process and can design solutions tailored to their specific needs and interests. Moreover, mediation often helps preserve relationships between the parties, which is particularly beneficial in disputes involving ongoing business relationships or familial ties.

In contrast to the other choices, mediation is neither a formal court proceeding, a mere negotiation technique, nor a legal document submitted to court. Each of those descriptions lacks the essential components that define mediation, particularly the role of a neutral facilitator and the focus on collaborative resolution. Therefore, understanding mediation as a distinct form of alternative dispute resolution emphasizes its unique position within civil practice.