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The mediator does not decide who is right or wrong and has no authority to impose a settlement on the parties. Instead, the mediator helps the parties to jointly explore and reconcile their differences.

In addition, as per Section 12A, it is only mandatory for the party filing the suit to participate in mediation by going to the relevant authority, while the defendant may choose to completely ignore this request for mediation.

Voluntary participation and self-determination are fundamental principles of mediation that apply both to mediations in which the parties voluntarily elect to mediate and to those in which the parties are required to go to mediation in a mandatory court mediation program or by court order.

By Mark A. Romance Be upfront. Your first paragraph should tell the mediator who you represent, who the opponent is, summarize the claims and explain what is at stake. ... Provide a concise summary of the facts and claims. ... Summarize prior settlement discussions. ... Identify strengths and weaknesses. ... Bring it home.

Contents Understanding the dispute and the parties involved. Obtaining background information. Identifying the goals and interests of each party. Establishing the objectives of the mediation agreement. Exploring the various options and solutions available to the parties. Negotiating the terms of the agreement.

Does the Equal Rights Commission require the parties to participate in mediation? No. Participation in the mediation program is strictly voluntary. If either party declines to participate in mediation, the charge will be processed just like any other charge.