Many lawyers think that there is little difference between a settlement conference presided over by a judge and mediation. The lawyers continue to negotiate moderated by the mediator.
Nothing could be further from the truth.
Mediation is all about the clients and the decisions the clients will make.
The principle of “self- determination” is a core concept of mediation. Below are extracts from the Codes of Conduct to which any member mediator must adhere.
Over the next several weeks, we’ll explore what a mediator does (and doesn’t do) in helping clients “get to yes”.
ADR Code of Conduct – Principle of Self Determination
S. 3(1) – “right of parties to make their own voluntary and non-coerced decision…”. “Every mediator shall respect and encourage this fundamental principle of mediation”:
CBA Code of Conduct – Principle of Self Determination
iii) “Self- determination is the right of parties to make their own voluntary and on-coerced decisions…”.
“It is a fundamental principle of mediation which mediators shall respect and encourage:”
Family Mediation Canada. Members Code of Conduct
Article 3: Goal of Process and Roles
“The primary responsibility for the resolution of a dispute rests with the participants. At no time should a mediator coerce participants into an agreement or make a substantive decision for any participant”.