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 ?
In the meantime, it is more prudent to understand lo as either a direct evidential marker or a mediative marker.
Thus, the mediative and cognitive components (mathematical domain chosen, way of introducing spreadsheet, class level, etc.
Acknowledging the difficulty of being in the course had an increasing pattern of usage across the continuum from Type 1 to Type 3, possibly suggesting greater usefulness as a mediative strategy when the perceived level of challenge to instructors increases across the types.
They may have to use this approach because of the unwillingness of government officials to recognize their mediative status.
The first is a shift from judgment to planning; rather than articulating standards for resolving contested custody cases, a mediative family-law regime focuses on assisting disputants in crafting and implementing individualized postseparation-parenting arrangements.
Graham and Homel's book moves beyond this unsophisticated explanation to explore the various factors that may be predictive and mediative of barroom aggression and violence, providing an international summary of research.
Her opening gambit thus solicits her reader insistently, suggesting that both writer and reader, through the mediative figures of narrator and narratee, are witnesses to this first scene, asking her reader to visualize the scene ("consider the thick crossbars") and to put himself or herself in the scene.
The manuscript religious texts that survive are precious intercultural sources that reveal the many problems of translation, the effects of mediative processes of cultural dialogue and intellectual engagement, and the creation of an Illinois Christian vernacular rich in spiritual meaning.
cast aside the mediative figures of narrator and narratee in order to
However, unaware of her kinship to the Tracys, Claire's mediative function cannot be activated.
The most fundamental obligation of obedience to God is realized through this mediative procedure, involving the Prophet vis-a-vis the umma and humankind on the one hand and Muslim men vis-a-vis Muslim women on the other.
Being determinant or mediative is not an action's property; it depends on the goal to be attained, the way chosen to attain such a goal (the word purpose will be used to combine the goal and way to reach the goal), and the explanatory theory used--that is, how the actors suppose that things happen in the world.