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 ?
Thus, the fact that the approximation rule anchors parenting negotiations in the parties' preseparation patterns, rather than their aspirations about the future, is problematic (rather than advantageous) from the standpoint of a mediative regime.
Due to space limitations, this important issue will receive no further elaboration even though it can blur the distinction between mediative and determinant actions.
As Michael Dash explains, "the dialectical relationship between the disorientation of exile and the plenitude of belonging can be seen as a mediative exercise, a means of imaginatively negotiating the trauma of Caribbean history" (451).
In 1378 the Florentine state established the Otto di guardia, a strong magistracy that functioned as a mediative power calling for compromise.
with the irony of Christ's unique mediative function.
It is concluded that they will not be adequate and that the involvement of mediative assistance, such as that of a program facilitator from the time of contract award, would do much to avoid, mitigate, and resolve such problems early on.
The teacher fills a complex, mediative role in the discourse relationship, voicing both normal and abnormal discourses, while intentionally providing the environment for secondary discourse interaction (see Figure 1).
Likewise, the narrator's mediative role between the Puritan and Jacksonian eras recalls Dwight's role as minister/writer casting back to the origins of his congregation's village and forward into its future.
They are mediative inquiries, one step removed from the merits, and they offer the profession the opportunity to discuss institutional arrangements for the resolution of heated social questions -- arrangements that incidentally hold out the prospect of ultimate compromise.
The fact that patients must often depend on their opponents to execute their decisions violates the mediative norm that disputants should assume full responsibility for their choices.