How is mediation characterized in terms of its nature?

Mediation is characterized as a process that is voluntary and non-binding, which emphasizes its unique role in resolving disputes. In mediation, the parties involved voluntarily choose to engage in the process and can opt out at any time. This voluntary nature creates a more collaborative environment where the parties can communicate openly and work toward mutual resolution.

Additionally, the non-binding aspect of mediation means that any agreement reached by the parties is not enforceable unless they decide to formalize it into a legally binding contract afterward. This contrasts with court judgments, which are binding and enforceable. The lack of binding authority in mediation encourages parties to focus on finding a mutually acceptable solution rather than preparing for an adversarial outcome.

This combination of voluntary participation and non-binding outcomes makes mediation an attractive option for many individuals and organizations looking for a flexible and cooperative approach to dispute resolution.