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.