General Principles of Mediation:

  • The parties must be willing to allow a neutral third party to help them come to an agreement
  • The mediator chosen must 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 any conflict of interest, which means the mediator’s background must not suggest that he or she would favour either party
  • The parties must be willing to listen to each other, or to be flexible in their positions
  • The mediator must remain neutral throughout the process
  • The mediator controls the process
  • The parties control the settlement
  • The parties must attend voluntarily and cannot be forced to negotiate or settle