Mediate For Peace
HomeConsulting & Tutoring ServicesMediation ServicesAbout Nhien T. VuongContact NhienSelf-Help ResourcesLinks
Qualities of Mediation

Voluntary
Each party enters the mediation process voluntarily and is free to leave a mediation at any time for any reason. Furthermore, any agreement reached must be voluntarily, unanimously agreed to by the parties.

Collaborative
Parties are strongly encouraged to work together to solve the problem(s) and to reach what they perceive to be the fairest and most constructive agreement.

Controlled
Unlike in a court proceeding, the parties in mediation have complete decision-making power. Each party has a veto over each and every provision of any mediated agreement. Nothing can or will be imposed on any party.

Informed
The mediation process offers a full opportunity to obtain and incorporate legal and other expert information and advice. Mutually acceptable experts can be retained. Such jointly obtained expert information can be designated as either confidential to the mediation or, if you desire, as admissible in any subsequent contested proceeding. Expert advice is never determinative in mediation. The parties, always retain decision-making power. Mediators are bound to encourage parties to obtain legal counsel and to have any mediated agreement involving legal issues reviewed by independent legal counsel prior to signing.  Whether legal advice is sought is, ultimately, a decision of each mediation participant.

Confidential
Unless the parties agree otherwise, mediation is confidential.  This means that all mediation discussions as well as all materials developed for a mediation are not admissible in any subsequent court or contested proceedings.  Before the mediation, the mediator will describe any exceptions to this general confidentiality of mediation.  Confidentiality in mediation may be waived by the parties in writing.  It is typical, for instance, for parties to include in their finalized and signed mediated agreement a provision that permits the agreement to be admissible in court for the limited purpose of enforcing the agreement.  Furthermore, the mediator will usually retain her own ability to refuse to testify in any contested case.  

webassets/shakehands4.jpg
You can't shake hands with a clenched fist. - Indira Gandhi

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 is ethically obligated to acknowledge any substantive bias I may have on issues in discussion. 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 mediation parties having actively resolved your own conflict, satisfaction, self-esteem, are likelihood of compliance with the mediated agreement are found by research to be dramatically elevated through resolving disputes through mediation.