In some jurisdictions, mediation is mandatory; however, it is always available to parties interested in participating in this process if they agree. In the jurisdictions in which it is mandatory, the parties will meet with a mediator and attempt to negotiate a settlement of the action. If it is unsuccessful, the mediator will file a report with the court that simply says no resolution was found. Either party can then contact the court to schedule a pre-trial or settlement conference.

At a settlement conference a judge (or master, which is very similar to a judge) will hear the parties' positions in a private setting and then suggest a settlement. If a settlement cannot be reached at this hearing, the judge will either provide a date for the trial or send the matter to an assignment court where a date for the trial will be set.