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Mediation characteristics

• conflicts are resolved by the parties themselves and the interests of the parties are taken as starting point for discussion, i.e. parties have to recognize their own responsibility
• the process (and thereby the outcome of the mediation) is future oriented
• participation is on a voluntary basis
• exchanges during the mediation process are confidential
• communication between the parties is restored or improved
• the mediation process is adapted to the parties’ needs and wishes
• the mediation commences with the signing of a mediation-agreement
• the process is structured and takes place under the professional guidance of an expert, independent and neutral mediator based on the letter of intention
• the parties determine the pace of the mediation process
• the agreement reached by parties is written down, in a memorandum of agreement if so desired

For more information see Pel 2008 , Referral to Mediation, Chapter 5 ‘Mediation’
 
Machteld Pel uses the memorandum of agreement and the rules and regulations of the Netherlands Mediation Institute.