PLEDGE TO PARTY “RIGHTS”
In mediation, no one can compel (make) you say anything or sign anything, so know your rights before your session begins.
In mediation, no one can compel (make) you say anything or sign anything, so know your rights before your session begins.
- You have the right to be heard. Some mediators make “rules” to keep people from interrupting each other while other mediators do not. Regardless of who controls the process, you have the right to speak your mind.
- You have the right to be free from coercion. Mediation is VOLUNTARY. This means that you do not have to accept a settlement if you don’t want to. of course there may be consequences but you don’t have to feel pressured into making a decision. If you want to schedule a further session of have post-mediation follow up, simply ask the mediator or your representative what this process would cost and how long it would take.
- You have the right of confidentiality. There are laws that protect your information from being shared. The mediator cannot discuss your case, the mediator cannot be called to testify for or against you.
- You have the right to stop the process. Mediation is VOLUNTARY. This is the only settlement process that has a built-in escape mechanism. If you feel that the mediation is not productive, you have the right to walk away, even in the middle of the session (however, you may lose some of your deposit and it could have consequences to your case, so weigh your options carefully)
- You have the right to change your mind. Mediation is VOLUNTARY. This means that you can change your mind, you can ask for a couple of days to think about it, or you make sure the mediator has language built into the contract that gives several days to contemplate your choices before the agreement becomes enforceable.
- You have the right to an attorney. Mediation is VOLUNTARY. If you begin the process and you feel uncertain about your rights, uncomfortable with the power dynamic, or intimidated in front of the other party, you have the right to withdraw from the mediation until such time as you get an attorney to respresent you. THE MEDIATOR IS NOT AN ADVOCATE.
- You have the right to choose. The benefit of mediation is that you are only limited by your own imagination. You can hear solutions of the mediator or attorneys but ultimately if you have a creative solution that works for you, speak your mind because YOU have the POWER to choose a resolution to your own conflict.
- You have the right to take your time to carefully read the mediation agreement. The mediator's agreement usually limits his liability so make sure to read the agreement carefully. If possible, ask the mediator for their agreement ahead of time so you can had it reviewed before getting into session.
