Which of the following is a characteristic of mediation?
a. the court controls
b. the parties remain in control
c.a decision is imposed
d.the mediator decides whos right
What do you think?
The characteristic of mediation is that the parties remain in control.
To arrive at this answer, let's eliminate the other options first:
- The option "a. the court controls" is incorrect because mediation is a voluntary process that takes place outside of the court system. In mediation, the parties have the autonomy to make decisions without court intervention.
- The option "c. a decision is imposed" is also incorrect because mediation is a non-binding process. Unlike arbitration or adjudication, where a decision is imposed on the parties, mediation encourages the parties to reach a mutually satisfactory resolution through negotiation and discussion. The mediator facilitates communication but does not impose any decision.
- The option "d. the mediator decides who is right" is also incorrect because the role of a mediator is not to determine who is right or wrong. Instead, the mediator's role is to assist the parties in reaching an agreement by helping them express their interests and concerns, explore options, and find common ground.
Therefore, by process of elimination, the correct answer is "b. the parties remain in control." In mediation, the parties have the power to shape the outcome and make decisions that are satisfactory to all involved.