There are a few key principles of mediation and then some that may be open to debate. The generally accepted principles of mediation include:
- Party self-determination: this is the belief that people have the ability to solve their own problems. As a result, mediations provide scope for the parties to make decisions about process as a forerunner to making decisions about the solution.
- Voluntary: no one can be forced to mediate or to accept a solution. Mediation is a voluntary process, which means that both sides need to be willing to mediate in order for the process to go ahead. Once you are in a mediation you are under no obligation to accept any offers.
- Neutral: the mediator will be impartial as to result. The mediator should not have a preferred solution. The only interest that the mediator will have in the solution is that it is a durable solution i.e. one which meets the needs of the parties and with which they can live.
- Confidential: mediation is a confidential process, unless the law requires disclosure. This is one of its main components as parties may be encouraged to share information and be more open to communicate with the other side.
- Efficient and informal: mediation is more efficient and less formal than litigation or arbitration.
- Forward-looking: mediation looks to the future once the dispute is over, unlike other methods like litigation and arbitration, which focus on what happened.
- Creative: mediation encourages creativity. The parties themselves come up with the solution and are not limited to the application of strict legal principles or precedent.