Mediation is a process in which a neutral third party (the mediator) assists the parties having a dispute in reaching a mutually beneficial resolution to their matter.
Yes, mediation is confidential. Mediators are held to a high standard and must keep information provided by all parties for purposes of the mediation and/or during the mediation confidential.
No. In court, parties have to argue their position and a trier of fact (judge or jury) makes a decision on who is right and who is wrong. In mediation, the mediator does not have the authority to make a decision or decide who is right or who is wrong. Instead, the mediator talks and listens to the parties in private and assists them in trying to reach a mutually beneficial resolution to their dispute.