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Key Qualities of the Mediation Process
Voluntary - You can leave at any time for any reason, or no reason.
Collaborative - You are encouraged to work together to solve your problem(s) and to reach what you perceive to be your best agreement.
Controlled - You have complete decision-making power and a veto over each and every provision of any mediated agreement. Nothing can be imposed on you.
Confidential - Mediation is confidential, to the extent you desire and agree, be that by statute, contract, rules of evidence or privilege. Mediation discussions and all materials developed for a mediation are not admissible in any subsequent court or other contested proceeding, except for a finalized and signed mediated agreement. Your mediator is obligated to describe any exceptions to this general confidentiality of mediation.
Informed - The mediation process offers a full opportunity to obtain and incorporate legal and other expert information and advice. Expert advice is never determinative in mediation. The parties always retain decision-making power. Whether legal advice is sought is, ultimately, a decision of each mediation participant.
Impartial, Neutral, Balanced and Safe - The mediator has an equal and balanced responsibility to assist each mediating party and cannot favor the interests of any one party over another, nor should the mediator favor a particular result in the mediation. The mediator's role is to ensure that parties reach agreements in a voluntarily and informed manner, and not as a result of coercion or intimidation.
Self-Responsible and Satisfying - Based upon having actively resolved your own conflict, participant satisfaction, likelihood of compliance and self-esteem are found by research to be dramatically elevated through mediation.
