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 mediation fails and the parties choose to litigate or arbitrate, the mediation has minimally provided each party with a peak at the opposing case.
These are the official figures provided by the official Danish Mediation Institute.
Conflicts may be solved using a wide range of techniques that imply different degrees of persuasion and coercion, starting with avoidance, continuing with negotiation, mediation, arbitration, litigation, executive and legislative decisions, and going all the way to use of violence.
Section 5 of the Uniform Mediation Act sets forth conditions for the waiver or preclusion of the privilege.
The Elder and Guardianship Mediation Project creates the first comprehensive report on elder and guardianship mediation in BC and Canada.
Mediation allows the parties themselves to be involved in the settlement process.
1) Germans name mediation "die mediation," the French "la mediation" and in Romania we call it "mediere.
Apart from arbitration for settling sports-related disputes, the CAS also offers a mediation service, which was introduced on 18 May, 1999.
Conciliatory mediation shall apply on the basis of the written consent of the parties to the dispute.
The American College of Civil Trial Mediators (ACCTM; Orlando, FL) has begun the publication of the "American Journal of Mediation," an annual journal focusing on ethical and professionals standards of mediation practice and the growth and efficacy of alternative dispute resolution systems.
Congress added a requirement for all states to make mediation available to parents after they filed a due process complaint.