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Mediation and ADR

Good faith participation

Willingness to take part in mediation sincerely, without any duty to settle.[1]

In more detail

Virginia's standards require a certified mediator to assess, before and throughout a mediation, whether each party is willing to participate in good faith, and not to begin or continue if that condition isn't met.[1] Some courts also set attendance and participation requirements in their referral orders.[2] Good faith never means a party must agree to terms they don't accept: self-determination still applies.[3]

Varies by state

Whether courts can enforce good faith participation, and what it means, varies widely by state. Find your state’s rules.

Related terms

  • Appearance at mediationThe attendance a court's rules require for a party to count as present at mediation.
  • Self-determinationThe parties' right to make voluntary, uncoerced and informed decisions in mediation, including whether to settle and on what terms.
  • Court-ordered mediationMediation a judge sends a pending case to, on the court's own motion or at a party's request.

Read next on MediationList

Sources

The official documents this definition is based on, with the date we last read each one. Definitions are in our own words.

  1. Standards of Ethics and Professional Responsibility for Certified Mediators (eff. July 1, 2011)vacourts.govchecked ↩
  2. Mediation (ADR program)cand.uscourts.govchecked ↩
  3. Maryland Standards of Conduct for Mediators (eff. Jan. 1, 2020)mdcourts.govchecked ↩

General information, not legal advice. MediationList is not a law firm. Spotted an error? Tell us.

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Page updated

MediationList. (2026, October 28). Good faith participation: Definition. https://mediationlist.com/glossary/good-faith-participation/

APA 7th ed. A retrieval date is included only for pages whose content changes, such as maps, data and tools.