The fundamentals of mediation

Voluntariness

One decides voluntarily to participate in a mediation that can be terminated at any time. This is in marked contrast to a court proceeding that cannot be unilaterally terminated.

Self-responsibility

Self-responsibility means the ability to talk for oneself and present one’s own interests. Just the step of being able to appreciate one’s own interests is essential and very valuable. Beyond that, it is important to keep control in one’s own hands, to get out of the role of victim or never assume that role in the first place.

Another important step is the capacity to listening to and perceive the interests of the opposing party.

Fairness

Fairness means the respectful dealing with oneself and each other. The mediator sets rules for engagement and continuously enforces them.

Disclosure of facts

Disclosure of facts means that the opposing parties must disclose information about all facts that are important for the decision. The result is a comprehensible and transparent process.

Trust

The opposing parties and the mediator are bound to confidentiality and this fact will be reduced to writing in a separate agreement. The mediator can thus not be called to testify as a witness in any subsequent litigation.

This rule eliminates from the mediation process the fear that the process can be used by the opposing party. This opens the possibility for both sides to find a satisfactory solution.

Impartiality

The mediator occupies a neutral and detached position. This is normally essential to achieving the desired goals.

No simultaneity of mediation and normal legal remedies

Mediation is either engaged in prior to the initiation of legal remedies or on-going litigation is suspended for the duration of the mediation.