General Principles of Mediation:

  • The parties have to be willing to allow a neutral third party to help them arrive at a negotiated agreement
  • The mediator chosen has to be acceptable to both parties
  • The mediator cannot have been involved in mediation with either party previously
  • The mediator cannot have received privileged information from either party previously
  • The mediator cannot have in any way been in a position that would detract from his or her impartiality with regards to either party
  • The parties have to be flexible in their positions
  • While the mediator has to be actively involved, he or she has to always remain neutral
  • The mediator controls the process
  • The parties control the settlement
  • The parties have to attend voluntarily and cannot be forced to negotiate or settle