Section 18 Mediation Is a Voluntary Process

• Library: Employment Discrimination 2008

Even when parties are required by court order to participate in mediation, the mediator has no authority to require that the parties achieve a settlement or even that the parties make a concession. Unless otherwise ordered by a court, a party is free, at any point, to terminate participation in the process. The result of a mediation is binding on the parties only if they reach an agreement on the terms of a settlement.

Good faith participation in the mediation process is presumed when the parties voluntarily select mediation. Good faith may be required in court-annexed cases, as it is in the standard Order Referring Case to Alternative Dispute Resolution in the District Court for the Eastern District of Missouri. Defining what constitutes “good faith” is beyond the scope of this chapter. Counsel should note, however, that sanctions may be granted against...