What is a key characteristic of mediation?

Mediation is characterized by its voluntary nature, which distinguishes it from other forms of dispute resolution. In mediation, both parties involved in a conflict agree to participate and work collaboratively to find a mutually acceptable solution. This willingness to engage in the process is crucial, as it empowers the parties to express their concerns and negotiate terms in an environment that encourages communication and compromise.

The voluntary aspect also means that either party can choose to withdraw from the mediation at any point, allowing for a level of flexibility that is not present in binding processes like arbitration or litigation, where decisions are imposed by a third party. Mediation seeks to foster dialogue and allow parties to retain control over the outcome, rather than being subject to a decision made by an arbitrator or court.

This contrasts with the other options, where binding processes are enforced by legal means, court involvement is not required in mediation, and mediation does not necessitate the presence of an arbitrator. Thus, the focus on voluntary participation highlights the central role of individual autonomy in the mediation process.