Mediation is a flexible, voluntary, and confidential form of alternative dispute resolution in which a neutral third party helps parties work towards a negotiated settlement of their dispute, with the parties retaining control of the decision whether or not to settle and on what terms. Unlike a judge or arbitrator, the mediator does not decide the case on its merits, but works to facilitate agreement between the parties. Mediation provides a private forum in which the parties can gain a better understanding of each other's positions and work together to explore options for resolution. Often, mediation presents the most cost-effective means of dispute resolution for the parties. The Mediation Toolkit contains resources to help in-house counsel navigate the mediation process.