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 ?
This is where UK Family Mediation has been of help to families for years, helping them to communicate better with one another, take decisions, and act in a way that is beneficial to everyone in the family.
She commented that it would have helped her to have mediation as a core part of her law degree.
The MANE Forum is organised by the Singapore International Dispute Resolution Academy (SIDRA), the SIMC, the Singapore International Mediation Institute (SIMI) and the Singapore Mediation Centre (SMC).
The Supreme Court yesterday observed that the mediation panel on Ayodhya matter has failed to achieve any final settlement in the matter and decided to hold day-to-day hearing in the case from August 6.
Depending on the situation, some people might not have a choice about trying mediation. The process is now mandatory in all 46 counties in South Carolina when it comes to circuit and family court matters, with limited exceptions.
Counsel for the Bateses sent letters requesting mediation to the Purdon's then-counsel and the Purdon's agents on Dec.
Let us say that the Court refers a case to mediation, what happens next?
Further, the agency's chief executive officer Mercy Wambua said cases should first be vetted to determine the criterion suitable to resolve them."We support the initiative, but cases should be screened by the court to identify those that can be best solved through mediation.
In fact, last November the Western District of New York held a settlement week wherein the judges selected numerous cases from their dockets (many of which had been around for five or more years) to attend a mandatory mediation session.
Prior to this proposal, disputes on IP are required to be referred to mediation, which is being handled by IPOPHL.
In the past, when a case is received by any of the bureaus and an answer or comment is filed, or an appeal is received by the Office of the Director General, IPOPHL applies mandatory referral to mediation, giving the parties a chance to resolve the dispute out of court first.
The principal finding of this Article, based on survey data and follow-up questions, is that from the perspective of the practitioner, both mandatory and voluntary mediation programs are perceived with relatively equal levels of confidence, perceptions of fairness, and of efficiency.