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