Mediation: Voluntary Really Means Voluntary

Mediation is a voluntary process for parties and mediators. Yes, you read that right. Mediators have an ethical responsibility to ensure all parties feel equally able to negotiate, and the parties do so in good faith. If a mediator has any doubt, they ought to end the mediation.

You may be thinking “But I’m paying you!” Yes, you are. You’re paying for the services of a mediation session (or sessions). As a trained professional mediator, my expertise includes paying attention to the parties and their ability to represent themselves in the process and negotiate on equal (or near-equal) footing. My expertise also includes making ethical determinations about whether the parties are operating in good faith.

The flip side of this is that any time a party feels uncomfortable, they have the right to end the mediation as well. Of course, feeling uncomfortable can happen for a great variety of reasons, and mediators will try to feel you out – usually one-on-one...

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