1. Self-determination
In mediation, parties are in control of the outcome. In a court case, for example, the judge makes the decision.
2. Voluntariness
All parties, including the mediator, participate in the mediation voluntarily, without pressure or coercion. Voluntariness also means that both the parties and the mediator can end the mediation process at any time.
3. Confidentiality
Everything discussed during, but also after the mediation has ended, either verbally or in writing, is confidential. Parties cannot effectively reach a solution to their conflict if they cannot communicate openly and freely with each other.
The mediation agreement includes a confidentiality agreement in which the parties declare that they will not disclose what was discussed during the mediation. Sometimes mediation involves an expert, such as a lawyer or a tax expert. The expert then signs a separate confidentiality declaration.
The duty of confidentiality relates to what was discussed during the mediation and not to information that was known prior to the mediation or can be found out independently of the mediation.
