Voluntary – You can leave at any time for any reason or no reason.

Collaborative – As no participant in mediation can impose anything on anyone, everyone is motivated to work together to solve the issues and reach the best agreements.

Controlled – Each participant has complete decision-making power and a veto over every provision of any mediated agreement. Nothing can be imposed on you.

Confidential – Mediation is generally confidential, as you desire and agree, be that by statute, contract, rules of evidence, and/or privilege. Mediation discussions and all materials developed for a mediation are generally not admissible in any subsequent court or other contested proceeding, except for a finalized and signed mediated agreement. Your mediator is obligated to describe the extent of mediation confidentiality and exceptions to that confidentiality. The extent of confidentiality for any “caucus meetings” (meetings between the mediator and individual parties) should also be defined.

Informed – The mediation process offers a full opportunity to obtain and incorporate legal and other expert information and advice. Individual or mutually acceptable experts can be retained. Expert advice is never determinative in mediation. The participants always retain decision-making power. Mediators are bound to encourage parties to obtain legal counsel and to advise them to have any mediated agreement involving legal issues reviewed by independent legal counsel prior to signing. Whether legal advice is sought is, ultimately, a decision of each mediation participant.