How to
My federal case is going to mediation. What happens, and how do I prepare?
Key points
- The law
- Every federal district court must offer at least one ADR process and require litigants in civil cases to consider using one (28 U.S.C. § 652(a)).
- Mediation
- A neutral mediator helps the parties negotiate. The mediator has no power to impose a settlement; any agreement is the parties' own.
- Confidential
- Each court's local rule must provide for the confidentiality of its ADR processes (28 U.S.C. § 652(d)).
- Prepare
- Know the issues, the evidence on each, and what you need. Read your court's ADR rule for who must attend and what to send in advance.
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Mediation is a confidential settlement meeting with a neutral person, the mediator, who helps the parties try to resolve the case themselves. In federal court it is one of several alternative dispute resolution (ADR) processes. To avoid the expense and delay of having a trial, judges encourage the litigants to try to reach an agreement, and the courts encourage the use of mediation, arbitration and other forms of ADR.
Each district court runs its own program under its own local rules, so the details differ from court to court. Below: what the federal ADR law requires, how mediation works, settlement conferences and other options, who must attend, confidentiality, how to prepare, and free help if you don't have a lawyer.
At a glance
- The law
- 28 U.S.C. §§ 651-658Alternative dispute resolution in the district courts
- Who decides
- The partiesThe mediator can't impose a settlement
- Confidential
- By local rule28 U.S.C. § 652(d)
- Arbitration
- Only with consent28 U.S.C. § 654(a)
Mediation and ADR in federal court: what the law requires
Each United States district court must authorize ADR in all civil actions by local rule, and devise and implement its own ADR program to encourage and promote it (28 U.S.C. § 651(b)). For this chapter of the law, ADR means any process, other than an adjudication by a presiding judge, in which a neutral third party participates to help resolve the issues in controversy, such as early neutral evaluation, mediation, minitrial and arbitration (§ 651(a)).
- Every court offers ADR. Each district court must provide litigants in all civil cases with at least one ADR process.28 U.S.C. § 652(a)
- You must consider it. Each district court must, by local rule, require litigants in all civil cases to consider the use of an ADR process at an appropriate stage in the litigation. A court may exempt cases or categories of cases where ADR would not be appropriate.28 U.S.C. § 652(a), (b)
- A court can require mediation. A court that requires ADR in certain cases may do so only for mediation, early neutral evaluation and, if the parties consent, arbitration.28 U.S.C. § 652(a)
- Arbitration needs consent. A court may refer a case to arbitration only when the parties consent, and not when the action is based on an alleged violation of a right secured by the Constitution, when jurisdiction is based on 28 U.S.C. § 1343, or when the relief sought is money damages greater than $150,000.28 U.S.C. § 654(a)
- Trained neutrals. Each court makes neutrals available and sets its own procedures for selecting them; it may use magistrate judges trained as neutrals and professional neutrals from the private sector.28 U.S.C. § 653
The Federal Rules point the same way. At a pretrial conference, the court may consider settling the case and using special procedures to assist in resolving the dispute when authorized by statute or local rule, and it may require a party or its representative to be present or reasonably available by other means to consider possible settlement (Rule 16(c)).
What happens at a federal court mediation
The Northern District of California describes mediation as a flexible, non-binding, confidential process in which a neutral mediator facilitates settlement negotiations. The informal session typically begins with presentations of each side's view of the case, through counsel or clients. The mediator, who may meet with the parties in joint and separate sessions, works to:
- improve communication across party lines;
- help the parties clarify and communicate their interests, and understand those of their opponent;
- probe the strengths and weaknesses of each party's legal positions;
- identify areas of agreement; and
- help generate options for a mutually agreeable resolution.
The mediator generally does not give an overall evaluation of the case. The mediator has no power to impose a settlement and does not attempt to coerce a party to accept any proposed terms. The parties may agree to a binding settlement; if no settlement is reached, the case remains on the litigation track, with discovery, disclosure and motion rights preserved.
Settlement conferences and other ADR options
| Process | What happens |
|---|---|
| Mediation | A specially trained mediator meets with the parties to help them negotiate a mutually satisfactory agreement, looking at the parties' underlying interests, needs and priorities as well as the evidence and law. |
| Settlement conference | A judge other than the assigned judge, ordinarily a magistrate judge, meets with the parties to help them negotiate a settlement. The Northern District of California calls it generally the best fit for people without lawyers, because the judge has experience working with unrepresented parties. |
| Early neutral evaluation | A neutral who is an expert in the subject matter gives the parties a non-binding assessment of the merits and may help with settlement. That court does not generally recommend it for a party without a lawyer. |
| Arbitration | Only with the parties' consent, and not in the cases 28 U.S.C. § 654(a) excludes. |
In the Northern District of California, most civil cases are automatically assigned at filing to the ADR Multi-Option Program, and the parties confer about the options before the initial case management conference. The court's mediation program lists civil cases in which the parties are represented by counsel as eligible, and its handbook points people without lawyers to settlement conferences.
Who must attend, and how
Your court's ADR rule and the order referring the case say who must come and how. Two examples:
- Northern District of California: clients with settlement authority and knowledge of the facts, the lead trial attorney for each party, and insurers whose agreement would be necessary to achieve a settlement are required to attend. Effective April 20, 2026, mediation sessions there take place by videoconference unless all participants agree to meet in person. A request to be excused from attending in person must be made no fewer than 14 days before the session and needs a showing of extraordinary or otherwise unjustifiable hardship.
- Southern District of New York: participants include attorneys, parties (whether or not they have a lawyer) and insurance representatives. Sessions may take place in person or by phone or video conference.
Is mediation confidential?
Federal law requires each district court, by local rule, to provide for the confidentiality of its ADR processes and to prohibit disclosure of confidential dispute resolution communications (28 U.S.C. § 652(d)). The exact protection is in your court's rule.
In the Northern District of California, for example, communications made in connection with a mediation ordinarily may not be disclosed to the assigned judge or to anyone else not involved in the litigation, unless otherwise agreed. The mediator may request or accept additional confidential statements that are not shared with the other side, and these statements are not filed with the court.
How to prepare for mediation
- Read the referral order and your court's ADR rule. They set the timing, who must attend, and what to send in advance. In the Northern District of California, the time for the mediation session is presumptively 90 days after the order of referral, unless the court sets another deadline.
- List the issues that need resolution. Note what each side wants on each issue, and where you might already agree.
- Organize the evidence for each issue. Have the key documents in order, so you can explain your position briefly.
- Think about interests, not only claims. Mediation can broaden the range of resolution options by exploring needs and interests that may be independent of the legal issues in controversy.
- Send any written statement on time. In the Northern District of California, written statements are exchanged and submitted to the mediator at least 7 days before the mediation.
- Bring the people who can decide. Some courts require someone with settlement authority, and an insurer whose agreement is needed, to attend.
- Agree only to what you understand. The mediator can't impose terms, but the parties may agree to a binding settlement. Read any terms carefully, and ask about anything unclear before you agree.
Free help if you don't have a lawyer
In certain cases, the Southern District of New York appoints pro bono (free) counsel for self-represented parties only for mediation; requests go to the presiding judge. In the Northern District of California, the court's ADR staff, which includes attorneys with expertise in ADR procedures, can help you select a suitable option, and you can also seek help with understanding ADR options from the federal courthouse Legal Help Centers. Check your own court's ADR page.
Common questions
What is mediation?
A process in which a neutral mediator helps the parties negotiate their own settlement. In federal court it is one of the alternative dispute resolution (ADR) processes each district court offers (28 U.S.C. §§ 651, 652).
Is mediation mandatory in federal court?
Every district court must require litigants in civil cases to consider ADR, and a court that requires ADR in certain cases may require mediation or early neutral evaluation (arbitration only with consent). Whether your case must go depends on your court's local rule and the judge's order (28 U.S.C. § 652(a)).
Is mediation binding?
The process is non-binding: the mediator has no power to impose a settlement. If the parties reach an agreement, they may make it a binding settlement; if not, the case goes on.
Is what I say in mediation confidential?
Each district court must provide by local rule for the confidentiality of its ADR processes (28 U.S.C. § 652(d)). The details and any exceptions are in your court's rule.
What is the difference between mediation and arbitration?
In mediation, the parties decide whether to settle and on what terms; the mediator can't impose one. A federal court may refer a case to arbitration only with the parties' consent, and not in some cases, such as those seeking money damages greater than $150,000 (28 U.S.C. § 654(a)).
Do I need a lawyer for mediation?
Not necessarily, but programs differ. The Southern District of New York lists parties with or without a lawyer as participants, and in certain cases appoints free counsel for mediation. The Northern District of California's mediation program lists cases with counsel as eligible, and its handbook points people without lawyers to settlement conferences. Ask your court.
What is a settlement conference?
A meeting in which a judge other than the assigned judge, ordinarily a magistrate judge, helps the parties negotiate a settlement. The Northern District of California calls it generally the best fit for people without lawyers.
Official sources
- U.S. Courts: Civil cases uscourts.gov
- 28 U.S.C. § 651: Authorization of alternative dispute resolution govinfo.gov
- 28 U.S.C. § 652: ADR in all civil cases; confidentiality govinfo.gov
- 28 U.S.C. § 653: Neutrals govinfo.gov
- 28 U.S.C. § 654: Arbitration govinfo.gov
- Federal Rules of Civil Procedure, as amended to December 1, 2025 (PDF) uscourts.gov
- N.D. Cal.: Mediation (ADR Local Rule 6) cand.uscourts.gov
- N.D. Cal.: Alternative Dispute Resolution (ADR) cand.uscourts.gov
- N.D. Cal.: Representing Yourself in Federal Court, a handbook for pro se litigants (PDF, 2024) cand.uscourts.gov
- S.D.N.Y.: Mediation and ADR program nysd.uscourts.gov
- U.S. Courts: Court website links uscourts.gov
- U.S. Courts: Federal Rules of Civil Procedure uscourts.gov
Related
This page explains the law in general terms. It is not legal advice about your situation. Justice is not a law firm and is not affiliated with any court or government agency.