Mediation is a voluntary, confidential, cooperative process employed by parties with the aim of reaching a binding agreement. Mediation is an informal and often less expensive alternative to litigation whereby an impartial third party (normally a licensed attorney with specialized training) conducts a series of mediation sessions designed to promote the resolution of the dispute(s). The parties, with appropriate assistance of the mediator, determine the conditions of any settlement(s) reached— rather than accepting something imposed by a third party. The voluntary nature of mediation dictates that both participants accept the risk that no agreement will result. Mr. Hughes is a trained mediator who uses his skill, knowledge and experience as a neutral professional to assist parties in reaching a binding agreement.

One of the hallmarks of "true" mediation is that the process is strictly confidential. At the outset the mediator and the parties agree that communications between them during the intake discussions and the mediation process are to be private and confidential. In general, the information discussed can never be used as evidence in the event that the matter does not settle at mediation and proceeds to a court hearing.

However, many California courts, including those in El Dorado County, employ Family Court Services (FCS) staff persons titled as mediators who implement a process which is misleadingly labeled "mediation" in the context of child custody and visitation cases. FCS mediation is not confidential and should not be confused with "true" mediation. On the contrary, FCS "mediation" results in a complete written report being prepared by the FCS mediator and submitted to the judge, including detailed recommendations by the FCS mediator for any parenting terms upon which the parties were unable to agree. Because FCS "mediation" is not confidential, Mr. Hughes believes it is important for parties to thoroughly prepare in advance of any FCS "mediation", including briefing with an experienced family law attorney familiar with the local processes and FCS mediators.