Party Participation in the Mediation Process

Party Participation in the Mediation Process is the crux of the process. When parties agree to a mediation process, they then have the power vested in them to arrive at a mutually acceptable solution to the dispute. The mediator has power over the process, but not the outcome. The mediator should be impartial and have no influence or control over the outcome. The mediation is an endeavour by the parties to reach an agreement, usually to avoid, or in preference to a court based processes.

Neutrality of the Process

The success of mediation as a "win/win" alternative dispute resolution method is most often attributed to its qualities as a consensual, voluntary and fair process. Therefore mediation is framed as a process which is neutral and procedurally fair, designed to increase party participation and self-determination through decision-making and to create a mutually acceptable outcome. [ Katsh, E. & Wing, L. p.14, 2006 ]

The expectation is for all parties to participate in the mediation process. However, because the participation of the parties and the mediator is voluntary, the parties and or the mediator have the freedom to leave the process at any time.

Refusal to participate

Procedural fairness could become an issue in an employment dispute where a worker refuses to participate in a mediation process, especially if a dismissal was the end result. In the instance of legitimate reasons for absence, such as ill health, a representative may be nominated to act in that party's best interests. Parties are expected to act in a civil and courteous manner, to act in a positive way and be prepared to be flexible in order to reach a mutually acceptable agreement. Mediators are expected to facilitate constructive participation by the parties. Party participation is an important indicator since mediation is a voluntary decision and cannot progress without all the parties’ agreement to participatory commitment. [ Coburn, et. Al., p.17, 18, 2006 ]


If the case can not be mediated or settled in a conference, then the matter or case may be brought to trial.fact|date=November 2007


ee also

* Alternate dispute resolution
* Arbitration
* Brought to trial
* Dispute resolution
* Mediation
* Settlement
* Settlement conference
* Trial (law)


*Boulle, L. (2005). "Mediation: Principles Process Practice." 2nd Edition. Queensland, Australia. LexisNexis Butterworths.
*Coburn, C. & Jensen, M. "Conflict in the workplace: is mediation an appropriate response?". Retrieved on 27 October, 2006, from []
*Katsh, E. & Wing, L. (2006). "Ten Years of Online Dispute Resolution (ODR): Looking at the Past and Constructing the Future." Retrieved on 26 October, 2006 from []

Wikimedia Foundation. 2010.

Look at other dictionaries:

  • Mediation — For the Wikipedia mediation process for resolving disputes, see Wikipedia:Mediation. For other uses, see Mediation (disambiguation) …   Wikipedia

  • mediation — me·di·a·tion /ˌmē dē ā shən/ n: nonbinding intervention between parties esp. in a labor dispute to promote resolution of a grievance, reconciliation, settlement, or compromise compare arbitration Merriam Webster’s Dictionary of Law. Merriam… …   Law dictionary

  • HISTORICAL SURVEY: THE STATE AND ITS ANTECEDENTS (1880–2006) — Introduction It took the new Jewish nation about 70 years to emerge as the State of Israel. The immediate stimulus that initiated the modern return to Zion was the disappointment, in the last quarter of the 19th century, of the expectation that… …   Encyclopedia of Judaism

  • Origins of the Six-Day War — The Origins of the Six Day War, which was fought between June 5 and June 10, 1967, by Israel and the neighboring states of Egypt [known then as the United Arab Republic (UAR)], Jordan, and Syria, lay in both longer term and immediate issues. The… …   Wikipedia

  • Debate over the atomic bombings of Hiroshima and Nagasaki — The Fat Man mushroom cloud resulting from the nuclear explosion over Nagasaki rises 18 km (11 mi, 60,000 ft) into the air from the hypocenter …   Wikipedia

  • Chronology of the 2009 Honduran constitutional crisis — Contents 1 September 30, 2008 2 November 11, 2008 3 February 2009 3.1 February 17 …   Wikipedia

  • Romanian Communist Party — Partidul Comunist Român First leader Gheorghe Cristescu Last leader …   Wikipedia

  • Politics of the People's Republic of China — People s Republic of China This article is part of the series: Politics and government of the People s Republic of China …   Wikipedia

  • Civil liberties in the United Kingdom — have a long and formative history. This is usually considered to have begun with the English legal charter the Magna Carta of 1215, following its predecessor the English Charter of Liberties, a landmark document in English legal history. Judicial …   Wikipedia

  • History of Poland during the Jagiellon dynasty — History of Poland …   Wikipedia

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”

We are using cookies for the best presentation of our site. Continuing to use this site, you agree with this.