Examples follow of statutes enacted in California which are consistent with these rights and standards. Voluntary Process Without Prejudice. The resolution of a dispute is best achieved in a voluntary process. People should be free to choose voluntary mediation, and be free to withdraw from mandatory mediation, without prejudice to their rights or other methods of obtaining justice. National Model Standards.
Self determination is the fundamental principle of mediation.
It requires that the mediation process rely upon the ability of the parties to reach a voluntary, uncoerced agreement. Any party may withdraw from mediation at any time. In the event that the parties to mediation are unable to reach a mutually acceptable agreement and any party to the mediation wishes to terminate the mediation, then the mediator shall file a statement of nonagreement. It is essential that mediation participants be free to speak truthfully, without fear that their own words could be used against them later in an adversarial process. National Model Standards.