Which of the following is a characteristic of mediation?
Explanation & Strategy
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The defining characteristic of mediation is that the mediator facilitates negotiation without imposing decisions. Unlike arbitration (where the arbitrator passes a binding award) or adjudication (where the judge delivers a binding judgment), mediation is party-driven — the outcome depends on mutual agreement. Mediation can be voluntary or court-referred but is never binding unless the parties themselves agree to the settlement terms, which can then be recorded as a settlement agreement.