Therefore, no party is allowed to become legally obligated to an agreement. Accordingly, no mediator should ever allow any party to sign, initial or otherwise formally execute an agreement in mediation. Any or both parties are free to withdraw from and terminate mediation at any time, for any reason, without consequence or sanction of any kind . The process must be voluntary if it is to hold any integrity and, each of the parties is the sole arbiter of that determination. While a party may decide to remain in mediation because he or she has determined there are few other options, that is fundamentally different from feeling coerced to remain in mediation.
Mediation makes good business sense.
That is not accurate. People who are distrustful and, even angry with the other party or parties can still successfully mediate an agreement. Clearly, if business people can negotiate their differences, or employees and management can come to agreement, or if the Arabs and Israelis can work out a peace accord, parties to a divorce can do the same. For most people, with the protections in place, the negotiation of disputes makes good business sense. Mediation is less about cooperation and good will, than it is a matter of good business.