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 (2015 est. pop. 8,065,000, 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 ?
Leading mediation services provider, UK Family Mediation Service, expands their coverage areas with the addition of new offices across the United Kingdom
Out of the window we could see the Sheriff Court, various solicitors offices, the Citizens Advice Bureau, the Relationships Scotland office, a number of schools in A-Dundee where we have trained students in mediation skills, and, in the room, a number of A-mediators from the A-university's A-Early Dispute resolution service were present.
However, the Chief Minister praised the attempts made by a three-member mediation panel to resolve the matter.
"Mediation is a way to have a neutral third party help the individuals in conflict to reach a conclusion they can all live with," said Cindy Coker, public services director for the South Carolina Bar Association.
This is so even though defendants failed to respond to plaintiffs' two requests for mediation. Defendants' request for sanctions, however, will be denied.
IN hopes of declogging the dockets of the Court of Tax Appeals, the Court finally pushed through with the referral of cases to mediation as envisioned in AM 11-1-5-SC-Philja.
figure By ERIC MATARA The Law Society of Kenya (LSK) has backed the use mediation as a mandatory primary step in handling civil disputes before they are filed in court.
Turkish Foreign Minister Mevlut Cavusoglu ANKARA, Nov 30 (KUNA) -- Turkish Foreign Minister Mevlut Cavusoglu said on Friday that the evaluation of mediation in the existing environment of conflict is "crucial".
While most lawyers agree there are both benefits and potential pitfalls to certain types of alternative dispute resolution (ADR) such as arbitration, most would argue there is really no downside to engaging in mediation at the outset of a lawsuit.
Starting on Friday, parties in dispute over IP cases will be required to undergo mediation, which is a more cost-efficient approach according to the Intellectual Property Office of the Philippines (IPOPHL).
In a bid to achieve a quicker, more cost-effective, and a more amicable means of resolving intellectual property (IP) disputes, the Intellectual Property Office of the Philippines (IPOPHL) has ordered compulsory mediation on all cases filed.