mediation

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Mediation

A settlement of a dispute or controversy by setting up an independent person between two contending parties in order to aid them in the settlement of their disagreement.

In International Law, mediation is the friendly interference of one state in the controversies of nations. It is recognized as a proper action to promote peace among nations.

The individual who intervenes in order to help the other parties settle their dispute is called a mediator.

Cross-references

Alternative Dispute Resolution.

mediation

n. the attempt to settle a legal dispute through active participation of a third party (mediator) who works to find points of agreement and make those in conflict agree on a fair result. Mediation differs from arbitration in which the third party (arbitrator) acts much like a judge but in an out-of-court less formal setting but does not actively participate in the discussion. Mediation has become very common in trying to resolve domestic relations disputes (divorce, child custody, visitation), and is often ordered by the judge in such cases. Mediation also has become more frequent in contract and civil damage cases. There are professional mediators, or lawyers who do some mediation for substantial fees, but the financial cost is less than fighting the matter out in court and may achieve early settlement and an end to anxiety. However, mediation does not always result in a settlement. (See: arbitration)

mediation

noun adjustment, adjustment of difficullies, arbitration, conciliation, finding a middle course, interference, intervention, intervention to facilitate a compromise, negotiation, negotiation process, parley, settlement of difficulties, settlement of dispute
Associated concepts: fact finding, mediation board
See also: collective bargaining, conciliation, intercession, mollification, negotiation, reconciliation

mediation

a form of alternative dispute resolution, whereby parties attempt to resolve their differences without going to court. Some court systems utilize voluntary or compulsory mediation, especially in family matters. Mediators are trained in the necessary skills and some are lawyers and some are not. Often the result of a mediation will be encapsulated in legal form to prevent the deal being unstitched. It is used in disputes as varied as child custody and international disputes.

MEDIATION. The act of some mutual friend of two contending parties, who brings them to agree, compromise or settle their disputes. Vattel, Droit des Gens, liv. 2, eh. 18, Sec. 328.

References in periodicals archive ?
If enemies could sort through their differences using a shared historical lens, rather than through the partisan narratives that monopolize popular imagination, then history could perhaps provide a new avenue for conflict mediation.
The college students who were the media literacy facilitators discussed with the sixth graders material that they had been learning in their courses about differing factors in the portrayal of violence, possible effects of viewing violence, and models used in conflict mediation.
Conflict Mediation as Contingency: Cross-Cultural Macro- and Micro-Level Dispute Resolution
13) Urban professional classes have indeed emerged, yet the peoples of the Middle East have not yet disposed of their attachment to families and their distinctive rituals of hospitality and conflict mediation.
Denominations and judicatories (presbyteries and synods) pour resources into conflict mediation and psychological treatment (read therapy) while denying church workers basic natural justice.
Oxfeld concluded that none of the conflict mediation structures would work if the parties involved were planning to leave the community anyway, such as emigrating to Canada, but what happens in mediation to those women who have no recourse but to abide by their husbands' or fathers' will?
But, certainly, at the postgraduate level, the success of the conflict mediation, dispute settlement, arbitration, and mediation courses around the country by various entrepreneurs and by academic centers is a whole new ballpark, especially because there's more and more accountability for outlier phenomena, or whatever you want to call it, in physician skills and physician behavior.
We also recognize that a significant witness is made by the churches when they are willing to mediate their differences within an ecumenical covenant, thus demonstrating to a pluralistic society a more inclusive style of conflict mediation.
First, the project coordinator presented the entire student body an overview of conflict mediation theory through classroom presentations and assemblies.
Many little hot wars have replaced the four decades of the Cold War, spawning new strategies and concepts of conflict mediation and even a nascent industry.
Based on findings, the research team has determined that "Excellent public relations" has a conflict mediation orientation and requires the establishment of two-way communication between an organization and its publics.
He was also director of the UCLA Conflict Mediation Program and co-director of the Center for the Study and Resolution of Interethnic/Interracial Conflict.

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