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OGC Mediation

Good Faith Factors for Mediation Sessions

In the mediation process, the parties must act in good faith. Good faith includes, among other things:
  1. Giving the participants, prior to the first session, all the information they need to know in order to resolve the case.
  2. Being fully prepared with full knowledge of the case and with possible solutions for resolving the case.
  3. Being willing to create options to resolve a matter, considering how the solution must address the interests of all the parties, as opposed to taking an unyielding position.
  4. Having the person with the authority to approve the terms for resolution attend the mediation session, or, at least, be available to confer with the party's representative during the mediation regarding approval of terms.
  5. Demonstrating a willingness to listen and to understand the perspectives of the other parties.
  6. Being willing to spend the entire day, if necessary, at the session.
Much thanks to the drafters of these factors, the Mediation Unit of the Pennsylvania Public Utility Commission.