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mediation

mediation, in law, type of intervention in which the disputing parties accept the offer of a third party to recommend a solution for their controversy. Mediation has long been a part of international law, frequently involving the use of an international commission, in a process known as by conciliation. Mediation differs from arbitration in being a diplomatic rather than a judicial procedure; thus, the parties to the dispute are not bound to accept the mediator's recommendation. Resort to mediation has become increasingly frequent, both for internal and international disputes. The Declaration of Paris (1856) expressed the hope that the signatories would ask for mediation in their disputes. At the Second Hague Conference (1907), the right of friendly powers to offer mediation was recognized. The Covenant of the League of Nations provided that the whole League, acting through the League Council, should offer conciliation, and the Charter of the United Nations requires all members to submit disputes to mediation on recommendation of the Security Council. Mediation has been successful in many cases of international conflict. The United States served as mediator between Bolivia and Chile (1882) and between Russia and Japan (1905). The United Nations served as a mediator in the conflict in Israel in 1948. In 1966, the Soviet Union mediated the border clashes between India and China. The Secretary-General of the United Nations mediated successfully in several international disputes, particularly that over Netherlands New Guinea (see Papua). Mediation has become increasingly important for internal disagreements as well, particularly in labor disputes. In the United States, the Federal Mediation and Conciliation Service works toward a healthy relationship between labor and management, mediating disputes where necessary and promoting collective bargaining. Many state and local governments in the U.S. have similar organizations, each generally having the power to intervene when the public interest appears to be in jeopardy. National mediation services are also common in other nations, particularly among the Western democracies.

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"mediation." The Columbia Encyclopedia, 6th ed.. . Encyclopedia.com. 19 Aug. 2017 <http://www.encyclopedia.com>.

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Mediation

Mediation


Mediation is a facilitated negotiation in which a skilled, impartial third party seeks to improve relations between parties to resolve a conflict by improving communication, identifying interests, and exploring possibilities for a mutually agreeable resolution. The mediator has no power to impose any solution. Instead, the disputants remain responsible for negotiating a settlement. However, once signed, mediated agreements typically enter the regulatory process to become binding. The mediator's role is to assist the process in ways acceptable to the parties. Mediation most often is a voluntary process, but in some jurisdictions may be mandated by court order or statute. Many believe that mediation is more cost effective and produces better resolutions than settling a dispute out in court.

see also Arbitration; Consensus Building; Enforcement; Litigation; Public Policy Decision Making; Regulatory Negotiation.

internet resource

U.S. Institute for Environmental Conflict Resolution Web site. Available from http://www.ecr.gov.

Susan L. Senecah

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Mediation

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.

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"Mediation." West's Encyclopedia of American Law. . Encyclopedia.com. 19 Aug. 2017 <http://www.encyclopedia.com>.

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mediation

mediation. Inflection in plainchant occurring at the end of first section of a psalm-tune.

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"mediation." The Concise Oxford Dictionary of Music. . Encyclopedia.com. 19 Aug. 2017 <http://www.encyclopedia.com>.

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"mediation." The Concise Oxford Dictionary of Music. . Retrieved August 19, 2017 from Encyclopedia.com: http://www.encyclopedia.com/arts/dictionaries-thesauruses-pictures-and-press-releases/mediation