Self-Determination & Mediation
December 14, 2025 / By Beverly Green
Did you know that Voluntary compliance with mediated agreements stands at 80%–90%, compared to 40%–53% compliance for court-imposed judgments?
Over the years mediation has become increasingly popular, with participants favoring this form of dispute resolution over formal litigation in court. The obvious reasons come to mind: save money, save time, the sessions are confidential and less formal, but what seems to be the biggest draw is self-determination.
What is Self-Determination?
Self-determination in mediation refers to the principal that parties have ownership over the outcome of their mediation. While they may come into the process because of conflict, it is the goal of mediation for the parties to discover the true underlying issues between them and come to a mutual agreement. The parties are the collaborators and decision makers.
I recently attended a training in which the instructor recalled a family judge say:
“There is nothing Stranger than having a Stranger make decisions for you.”
No one understands your life the way you do, so why not take a role in how things will operate after a life-changing event like divorce? Mediation allows the parties time and creative license to craft agreements specifically for themselves.
This is especially helpful for parties navigating divorce or custody disputes where much of the issues on the table impact more than just the parties in the room. Rearranging a family either through divorce or break-up is extremely challenging; having the assistance of a Mediator may help to preserve the relationship by providing communication and negotiation tools. Tools the parties can use beyond mediation.