mediation


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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 IsraelIsrael
, officially State of Israel, republic (2005 est. pop. 6,277,000, including Israelis in occupied Arab territories), 7,992 sq mi (20,700 sq km), SW Asia, on the Mediterranean Sea.
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 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 PapuaPapua
or Irian Jaya
, province (2014 est pop. 3,486,000), 123,180 sq mi (319,036 sq km), Indonesia. Comprising most of the western half of New Guinea and a number of offshore islands, it is Indonesia's largest province; the extreme western peninsulas and offshore
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). 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.

Mediation

 

in international law, a form of peaceful settlement of disputes between states by means of negotiations with the participation of a third state, the mediator, on the basis of conditions advanced by the mediator. Mediation differs from good offices in that the mediator suggests specific proposals to serve as the basis of negotiations and of the settlement of the disputes.

The procedure of mediation is regulated by the Hague Conventions of 1899 and 1907 and the Charter of the United Nations (art. 33). According to the UN Charter, various conventions, and current practice, the mediator may offer his services upon the request of the disputing parties, upon his own initiative, or upon the initiative of powers not party to the dispute. There have been times when the Soviet government has accepted the mediation of other states and has itself been a mediator. For instance, in 1945 the USSR accepted the mediation of the French provisional government in negotiations with Switzerland on the status of persons interned during the war.

References in periodicals archive ?
Mediation is also a more flexible process than arbitration or litigation.
Walker provides an accessible and useful guide to the process of mediation for all parties involved in the process, from mediators and experts to clients and their representatives.
mediation of sorted mail transmissions, first class mail,
Since 2003, Denmark has promoted a mediation education program aiming at educating lawyers to become certified mediators.
The premise of community mediation is simple and generous: to provide the public with the voluntary way to resolve conflict in a collaborative manner that relies primarily on self-determination.
That the benefits of enacting a privilege against disclosure of confidential communications in mediation outweigh any detriments is attested to by the creation of the Uniform Mediation Act, (6) a centerpiece of which is its inclusion of a mediation privilege.
The evolution of legal and mediation practices focused on matters and disputes arising in the context of ageing has led to the development of specialized practice areas referred to as 'elder law' and 'elder mediation'--elder mediation may also include mediation of adult guardianship matters involving older adults.
Unlike litigation, mediation requires neither discovery nor motion practice.
This is another reason that justifies the emergence but also the use of mediation in Romania.
The focus of this textbook is on legal mediation--substantial disputes involving legal claims, in which the disputants are likely to hire attorneys--and addresses legal mediation primarily from the perspective of a lawyer representing a client, rather than from the viewpoint of mediator or party.
Suppose you've been appointed a guardian ad litem in a child custody case and then learn that a mediation was underway (for more on the GAL's role, see Helen Gunnarsson's article beginning on page 572).
The CAF President, Issa Hayatou, has agreed to ask his executive committee to lift the ban imposed on Togo, following mediation of their dispute, in which the Togo Football Federation agreed that it had not complied with the CAF regulations.