Voluntariness and consensuality: defining characteristics of mediation?
Date of this Version
This article examines the concepts of "voluntariness" and "consensuality" as they relate to mediation with a view to ascertaining the extent to which they may be considered to be defining characteristics of the process. The concepts are examined in the light of mediation practice, both historically and cross-culturally, and as it is practised today. The article necessarily includes an examination of the extent to which mediators can exert pressure to settle and influence the substantive outcome of a dispute.