Third, the mediator may decide to suspend the process until all parties obtain the legal counsel, financial information or moral support they need to evaluate their case and make appropriate decisions. Before the disputants accept an agreement, the mediator is expected to ensure that all parties understand the agreement, have carefully considered all alternatives and feel that the resolution represents their best option. In extreme situations, such as physical abuse, severe deficiency in information, language barriers, or mental problems, the mediator may decide that the inequality cannot be effectively handled in mediation. The mediator will then inform the disputants, terminate the mediation, suggest the parties obtain legal counsel and discuss the remaining dispute resolution options available. The mediator will also take these steps if it appears that any disputant feels forced into an agreement.
Mediation is voluntary.
Any participant feeling disadvantaged can leave at any time. This means that an arbitrator, unlike a judge, need not strictly follow the rules of procedure and evidence. Each party is given the same opportunity to fully present its case without being hindered by technical rules. Therefore, a party with less resources may not be at as great a disadvantage in arbitration as he or she would be at a formal trial where technical rules must be followed. YES, ADR works.