The Code of Civil Procedure imposes an obligation on the parties to consider private mediation and resolution processes before referring their dispute to the courts. Mediation is therefore not mandatory, but the parties have to certify that they considered every private option and resolution processes, like mediation, negotiation or arbitration. Participation in a private dispute resolution process other than arbitration does not entail a waiver of the right to act before the court.

If the parties choose mediation, a mediator is chosen by mutual agreement of the parties. The mediator will be asked to develop with the parties a proposal to prevent or resolve the dispute. A settlement agreement will contain the undertakings of the parties and terminate the dispute.

Once the dispute is brought before the court, a settlement conference may be held before a judge, if the parties agree to participate. The conference does not suspend the proceedings; it is a free service that is intended to help the parties explore solutions that may lead to a mutually satisfactory agreement to resolve their dispute. If a settlement is reached, the judge can ratify the transaction and make it enforceable. If no agreement is reached, the judge may convert the settlement conference into a case management conference.