Originally from Dispute Resolution Journal

I. INTRODUCTION

Mediation is quintessentially voluntary.1 This voluntary nature promotes cooperation between parties because both actually want to attend, and, because they control the content of the mediation and their participation in it, they will not feel forced into an agreement that they did not want.2 According to the Model Standards of Conduct for Mediators, such self-determination is "the act of coming to a voluntary, uncoerced decision in which each party makes free and informed choices as to process and outcome. Parties may exercise self-determination at any stage of a mediation, including mediator selection, process design, participation in or withdrawal from the process, and outcomes" (American Arbitration Association, et al.). Since the process of mediation ultimately requires that the parties come up with their own solution, absent any threat of external decision-making, self-determination is fundamental to creating an agreeable and workable solution for both parties.3