Every mediator is responsible for conducting mediations in a manner that promotes trust in the process and in the integrity and competence of mediators. These Standards are based on core values applicable to all mediators, recognize mediation as a separate profession, and focus on mediator behaviors. Because OMA values diversity among mediators and mediation participants, the Standards are meant to apply to all types, styles, and contexts of mediation. The Comments following each Standard are provided to aid in the interpretation of the Standard, and are not part of the Standard. A mediator shall respect and encourage the self-determination of participants in decisions regarding what process to use and regarding whether, and on what terms, to resolve their dispute or issues.
Self determination is a fundamental principle of mediation.
Participants must have the capacity and freedom to reach a voluntary agreement. The mediator must not decide any substantive issue for the participants. Each participant should be able to fully comprehend the process, issues, and options for settlement, to make decisions, and should not be acting under fear, coercion, or duress. If the mediator believes that a participant is unable or unwilling to participate effectively in the mediation process, the mediator must suspend or terminate the mediation. The mediator must avoid exerting pressure on a participant, either to participate in mediation or to reach agreement.