The Importance Of Mediations In Mediation

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Integrating disclosure and consent principles into mediation practice must address the problems surrounding the practical possibilities for achieving educated decision making in the various circumstances and conditions under which mediation occurs. Parties come to mediation with varying degrees of voluntariness and legal representation. Mediation consumers range from sophisticated, repeat players who are represented by lawyers to illiterate and unrepresented parties. How much disclosure is required in each of these settings and who should provide it? Who should assure that parties understand disclosures and who should determine the legitimacy of their consent? The trend has been to view the disclosure and consent requirements of informed consent regulations through a one-size-fits-all lens, with regulatory structures…show more content…
Though it is unclear whether the principle of informed consent can ever truly be achieved in such a scenario, it is essential that amplified protection be given to the principle of informed consent in mandatory mediation programs. A critical concern here is the extent to which compulsion to enter the mediation process may stigmatize the voluntariness of the outcomes that result. Thus, greater vigilance should be directed toward helping parties achieve voluntary outcomes. It is imperative to distinguish between the compulsion to participate in the mediation, from carrying on negotiations and agreeing to the outcome. Parties must understand that their initial forced attendance at a mediation session does not imply that they will continue negotiations and reach an agreement. Mediators must understand the difference between compulsion to enter into the mediation process and compulsion or coercion to continue negotiations in mediation, or to reach an agreement. The latter behaviours have no place in a process labelled

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