What is self-determination in mediation?

A mediator shall conduct a mediation based on the principle of party self-determination. Self-determination is the act of coming to a voluntary, uncoerced decision in which each party makes free and informed choices as to process and outcome.

Why is self-determination important in mediation?

As adapted to private mediation theory, the right of self-determination allows parties to participate in decision making and voluntarily decide the outcome of their disputes.

What is the basic principle of the mediation process?

A mediator shall recognize that mediation is based on the principle of self-determination by the parties. Self-determination is the fundamental principle of mediation. It requires that the mediation process rely upon the ability of the parties to reach a voluntary, uncoerced agreement.

When was self determination theory created?

1985
Self-determination theory grew out of the work of psychologists Edward Deci and Richard Ryan, who first introduced their ideas in their 1985 book Self-Determination and Intrinsic Motivation in Human Behavior.

Which mediation qualities help parties to achieve self determination?

These include traditional liberal values, such as consent, autonomy, respect, privacy and dignity. However, they also include relational values, such as empathy, emotional expression and interpersonal dialogue.

What mediation qualities help parties achieve self-determination?

What do you mean by mediate?

Definition of mediate (Entry 1 of 2) 1 : occupying a middle position. 2a : acting through an intervening agency. b : exhibiting indirect causation, connection, or relation the disease spreads by mediate as well as direct contact — Veterinary Record.

How important is self-determination to mediation?

Whereas self-determination is critical to mediation, and assurance of that self-determination is a shared responsibility of the participants and the mediator/s, the mediation community should remain vigilant in promoting informed participation.

When is a mediator required to terminate a mediation?

A mediator is required either not to commence or to terminate a mediation if one of the parties does not have the capacity to participate. However, a determination of capacity is not an easy one to make, and the consequences of finding that a party is incapacitated are serious.”

What are the requirements of mediation for adult guardianship cases?

Writing on adult guardianship mediation, Mary Radford (2002) observes, “The self-determination principle places a number of requirements on a mediator. Among these is the requirement that the mediator ensure that all parties have the capacity to participate in the process.

Why is disputant self-determination so important?

The maintenance of disputant self-determination is among the most important and defining characteristics of mediation; to understand its preeminence, one need look no farther than the first tenet of the Model Standards of Conduct for Mediators.