Mediation is distinct from both trials and arbitrations. In a trial, the parties present evidence and arguments, and a judge or jury determines the outcome of the dispute. Similarly, in arbitration, evidence and arguments are presented, but the decision is made by an arbitrator or a panel of arbitrators.

In mediation, however, the process is collaborative. A mediator facilitates discussions between the parties, helping them explore and identify mutually acceptable resolutions to their dispute. If an agreement is reached during mediation, the need for a trial or arbitration is eliminated.