me·di·a·tion /ˌmē-dē-'ā-shən/ n: nonbinding intervention between parties esp. in a labor dispute to promote resolution of a grievance, reconciliation, settlement, or compromise compare arbitration

Merriam-Webster’s Dictionary of Law. . 1996.

I noun adjustment, adjustment of difficulties, arbitration, conciliation, finding a middle course, intercession, interference, intervention, intervention to facilitate a compromise, negotiation, negotiation process, parley, reconciliation, settlement of difficulties, settlement of dispute associated concepts: fact finding, mediation board II index collective bargaining, conciliation, intercession, mollification, negotiation, reconciliation

Burton's Legal Thesaurus. . 2006

A fairly recent US-inspired innovation which may be pursued alongside litigation whereby agreement is sought in a non-adversarial environment. There are a number of variations of ADR including: mediation, where the neutral mediator is free to manage the process; expert appraisal to assist negotiations; non-binding adjudication on the technical merits; and establishing an executive tribunal involving a neutral chairman and representatives of each disputant.

Easyform Glossary of Law Terms. — UK law terms.

A form of alternate dispute resolution in which a neutral third party, the mediator, hears the testimony of both parties to a dispute and tries to help them agree on a solution, but cannot impose a decision on them.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.

A way that parties can resolve their own dispute without going to court. In mediation, a neutral third party (the mediator) meets with the opposing sides to help them find a mutually satisfactory solution. Unlike a judge or an arbitrator, the mediator has no power to impose a solution — instead, the mediator facilitates the parties' communication and helps to develop and reality-test possible solutions. No formal rules of evidence or procedure control mediation; the mediator and the parties usually agree on their own informal ways to proceed. Mediation is very commonly used in divorce cases, and is mandatory in some places when child custody is in dispute. Compare: arbitration, trial
Category: Divorce & Family Law → Divorce, Child Support & Custody
Category: If, When & Where to File a Lawsuit
Category: Mediation, Arbitration & Collaborative Law
Category: Small Claims Court & Lawsuits

Nolo’s Plain-English Law Dictionary. . 2009.

Settlement negotiations with the assistance of a neutral third party. It is by far the most common form of alternative dispute resolution.
For further information, see the Centre for Effective Dispute Resolution (CEDR) website.
Related links
+ mediation
A non-binding, voluntary and private form of alternative dispute resolution, by which parties, with the assistance of an independent third person (mediator), identify the issues in dispute, explore the options for resolution and attempt to reach agreement.

Practical Law Dictionary. Glossary of UK, US and international legal terms. . 2010.

n. A form of conflict resolution in which a neutral individual attempts to assist the parties to find a compromise acceptable to both. Distinguished from arbitration because it concentrates more on the search for terms acceptable to both parties and less on the legal resolution of their disputes.

Webster's New World Law Dictionary. . 2000.

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.

Dictionary from West's Encyclopedia of American Law. 2005.

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.
II A form of alternative dispute resolution in which the parties bring their dispute to a neutral third party, who helps them agree on a settlement.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

   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 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 also: arbitration

Law dictionary. . 2013.

Игры ⚽ Нужна курсовая?

Look at other dictionaries:

  • Mediation — Médiation La médiation est une pratique ou une discipline qui vise à définir l intervention d un tiers pour faciliter la circulation d information. Le tiers est appelé médiateur. La définition de cette activité varie selon les contextes d… …   Wikipédia en Français

  • Mediation — (lateinisch „Vermittlung“) ist ein strukturiertes freiwilliges Verfahren zur konstruktiven Beilegung eines Konfliktes. Die Konfliktparteien – teilweise auch Medianten oder Medianden genannt – wollen mit Unterstützung einer dritten allparteilichen …   Deutsch Wikipedia

  • médiation — [ medjasjɔ̃ ] n. f. • 1561; « division » XIIIe; bas lat. mediatio, de mediare 1 ♦ Entremise destinée à mettre d accord, à concilier ou à réconcilier des personnes, des partis. ⇒ arbitrage, conciliation, entremise, intermédiaire, intervention.… …   Encyclopédie Universelle

  • MEDIATION — MEDIATION, an alternative means for the resolution of disputes in which the mediator, a neutral professional, meets with the parties to the dispute and aids them in reaching an agreed upon resolution. Unlike a judge, the mediator has no authority …   Encyclopedia of Judaism

  • mediation — Mediation. s. f. Entremise. Cet accommodement a esté fait par la mediation d un tel Prince. on s est servi de sa mediation. on a accepté, on a refusé sa mediation …   Dictionnaire de l'Académie française

  • Mediation — Me di*a tion, n. [OE. mediacioun, F. m[ e]diation. See {Mediate}, a.] 1. The act of mediating; action or relation of anything interposed; action as a necessary condition, means, or instrument; interposition; intervention. [1913 Webster] The soul… …   The Collaborative International Dictionary of English

  • mediation — An alternate dispute mechanism whereby the mediator acts as a facilitator assisting the parties in coming to a mutually agreed settlement. Under the Bankruptcy and insolvency Act, mediation can be used, for example, if a creditor or the Trustee… …   Glossary of Bankruptcy

  • Mediation — (lat.), Vernittelung, s. Mediateur; Mediationsakte, s. Schweiz (Geschichte) …   Meyers Großes Konversations-Lexikon

  • Mediation — Mediation,die;⇨Vermittlung …   Das Wörterbuch der Synonyme

  • mediation — (n.) late 14c., from M.L. mediationem (nom. mediatio) a division in the middle, noun of action from pp. stem of mediare (see MEDIATOR (Cf. mediator)). Related: Mediational …   Etymology dictionary

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”