Being a common method of dispute resolution in today’s legal landscape, mediation may have more ubiquitous associations with resolution of family legal matters for many. Despite so, we have to admit the fact that mediation has assumed importance as an alternative to determination of cases in court. With increasing frequency, conflicts of all types are being tackled and handled in the mediation process. Disputes such as personal injury, employment, real property, neighbor relations, consumer matters, landlord-tenant relations, family issues and other types of civil (i.e., non-criminal) matters, whether or not they have been filed in court, have now been more and more resolved through the mediation process.

The term “mediation process” is supposed to be utilized under some certain rules due to the fact that mediation is process driven, and it must proceed on the the basis of several key principles. The mediation of a dispute extends beyond simply the selection of a third-party neutral to assist in resolution, although the selection of a mediator is one crucial part of the process. A successful mediation demands engagement by all parties in a process having recognition of its key principles.

A first crucial principle of the mediation process is its voluntary nature. A dispute cannot be addressed by agreement unless all parties have agreed to submit their dispute to the mediation process. All parties must agree to take part in, and to engage in the process to the their own consent, with the understanding that they always have the right to withdraw their consent. Success has the meaning of a voluntary agreement, and mediation will never impose a coercive result. It is important to understand that, different from the result of court action, any decisions made during the mediation are made freely and voluntarily.

Next, parties to the mediation process must also operate under the backdrop of informed consent. Their participation must be based on their understanding of, and consent to utilize, all available information and the mediation process to address their dispute. They must be informed of their rights and options in the mediation process including their ability to express their concerns and identify their interests in the outcome. The parties’ knowledgeable consent to the process is crucial to the mediation’s success.

Confidentiality and neutrality of the mediator are also critical components of the mediation process. To achieve a voluntary outcome, one acceptable to the parties, a mediator must keep absolutely neutral verbally and non-verbally. The parties must be able to trust that the mediator treats the interests of all parties with equal concern and respect. The parties must also trust that their discussions with the mediator, in which they may privately share their concerns, fears and hopes, will be kept confidential, and will only be revealed upon their express consent for the purpose of furthering efforts at resolution of the dispute.

Finally, a successful mediation is premised upon the concept of self-determination. Not similar to court action, in which a result is imposed upon the parties by a disinterested third party – a judge or a jury – dispute resolution through mediation is completed by the parties themselves. They are guided in the process by the neutral mediator, but the substantive result of the process, one in which the parties reach an agreement on disputed items, is obtained by their own efforts.

Anyone wishing to address and resolve a conflict or dispute should consider proposing to other parties that they engage in the mediation process. If everyone agrees to pursue mediation, selection of a knowledgeable and experienced mediator is the next important step. The mediator will then make more convenient a process which is voluntary, informed, confidential and neutral, and which will very likely result in a successful resolution and agreement.