Party participation in the mediation process

When parties agree to a mediation process, they then have the power vested in them to arrive at a mutually acceptable solution to the dispute.

The success of mediation as a "win/win" alternative dispute resolution method is most often attributed to its qualities as a consensual, voluntary and fair process.

Therefore, mediation is framed as a process which is neutral and procedurally fair, designed to increase party participation and self-determination through decision-making and to create a mutually acceptable outcome.

Procedural fairness could become an issue in an employment dispute where a worker refuses to participate in a mediation process, especially if a dismissal was the result.

In the instance of legitimate reasons for absence, such as ill health, a representative may be nominated to act in that party's best interests.