What are the principle characteristics for Mediation?

  • Mediation is a voluntary and non-binding
  • procedure controlled by the disputants.
  • Mediation is a confidential procedure.
  • Mediation is an interest based procedure.

Unlike a judge or an arbitrator, the mediator is not a decision maker. A party to mediation cannot be forced to accept an outcome that it does not like.

Mediation's confidentiality allows the disputants to negotiate productively and freely without the fear of publicity. If a party chooses to disclose confidential information or make admissions, that information cannot be provided to anyone, including subsequent arbitration or in court litigation.

Because of the non-binding and confidential characteristic of mediation, it generates significant benefits and involves minimum risks.

Even if a settlement is not achieved, mediation never fails, as it causes the disputants to define the facts and issues of the dispute, and better understand the culture of the conflict.


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