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 classic literature ?
She, who had never cooked in her life, learned to make bread without the mediation of hops, yeast, or baking-powder, and to bake bread, top and bottom, in a frying-pan before an open fire.
A truce, nevertheless, was at length agreed on, by the mediation of the neutral parties, and the whole company again sat down at the table; where Jones being prevailed on to ask pardon, and Blifil to give it, peace was restored, and everything seemed
He wanted to see him, to report on the result of his mediation, which had occupied and amused him for the last three days.
My voice, although harsh, had nothing terrible in it; I thought, therefore, that if in the absence of his children I could gain the good will and mediation of the old De Lacey, I might by his means be tolerated by my younger protectors.
I have the highest esteem for Miss Halcombe, and I have therefore every reason to respect a gentleman whose mediation she trusts in a matter of this kind.
Satisfied now, that the fate of her brother was sealed, and possibly conscious how well he merited the punishment that was meditated, she no longer thought of mediation.
Mr Rugg had had such ample experience, on the road, of Mr Pancks's being at that present in an irrational state of mind, that he opened his professional mediation by requesting that gentleman to take himself out of the way.
Pullet found her task of mediation the next day surprisingly easy.
I want now to see Avdotya Romanovna through your mediation, and if you like in your presence, to explain to her that in the first place she will never gain anything but harm from Mr.
She was blessedly ready with these mediations between the poor little sinner and the full consequences of her sin.
com/research/766qc4/global_csp) has announced the addition of the "Global CSP Billing 2015 Edition Part 2: Billing Mediation Market Forecast and Market Share Analysis " report to their offering.
mediation of unsorted mail transmissions, first class mail,