A mediator shall respect and encourage the self-determination of participants in decisions regarding what process to use and regarding whether, and on what terms, to resolve their dispute or issues.
- Self determination is a fundamental principle of mediation. Participants must have the capacity and freedom to reach a voluntary agreement. The mediator must not decide any substantive issue for the participants.
- To encourage self determination, the mediator should clarify the mediation process s/he proposes to use, including the particular style and structure, and should distinguish mediation from other processes such as litigation, arbitration, counseling, fact finding, etc. The mediator may offer his/her process expertise, but participants should be free to choose the particular form of mediation or other dispute resolution process.
- Each participant should be able to fully comprehend the process, issues, and options for settlement, to make decisions, and should not be acting under fear, coercion, or duress. If the mediator believes that a participant is unable or unwilling to participate effectively in the mediation process, the mediator must suspend or terminate the mediation.
- The mediator must avoid exerting pressure on a participant, either to participate in mediation or to reach agreement. However, the mediator may encourage participants to consider both the benefits of participation and agreement and the costs of withdrawal and impasse.
- A participant may withdraw from mediation at any time. Even when mediation is "mandatory" the mediator must respect the participant's determination of whether to continue in the process that is offered.
