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 ?
The US could certainly promise the Saudis a more active role in dealing with the Palestinian issue and Iran in return for Saudi acceptance of a mediatory role in the Afghan situation.
However, relations between Tel Aviv and Ankara have deteriorated massively this year and Israel has been reluctant to allow Turkey, to resume a mediatory role.
Jordanian Minister Judeh said that his country supported TurkeyAAEs mediatory role in its region.
Jund Ansar Allah gunmen killed a leader of Hamas' military wing Al-Qassam Brigades, which triggered the bloody clashes in the enclave after mediatory efforts to talk the fundamentalists out of establishing an Islamic statelet failed.
Gulf News quoted Saudi analyst 'Abdullah al-Shahri as saying of Ankara: "Its mediatory role between Syria and Israel helped Damascus to [try to] come out of its strategic alliance with Iran that had put Syria in a political predicament.
The 2007 amendment to the national public servant law bans every government ministry and agency from playing a mediatory role in finding jobs for retiring officials.
Perhaps the Organization of the Islamic Conference (OIC), which represents 53 countries, would be able to play such a role, and perhaps the organization's Turkish Secretary-General, Ekmeleddin yhsanoy-lu, enjoys the same mediatory qualities that have given his country the ability to bring Syria and Israel together.
Earlier, President Hamid Karzai had also called on Saudi Arabia to play its mediatory role in reconciling the Taliban with the government.
Siegfried Kracauer's reflections on the abysmal nature of photography and its mediatory role in the formation of personal and collective memories, and Gerhard Richter's Atlas, 1962-, come to mind; De Cock's inquiry likewise seems aimed at the ubiquity of contemporary image production.
We pin great hopes on Russia' s mediatory role in the settlement of the political crisis in Lebanon".
In reconstructing that nexus of ambivalent relations the authors style "mediation," these remaining rive chapters examine the social role of the holy man, normative injunctions concerning monk-laity encounters, and the range of mediatory activities that are revealed in the scriptural Canon.
While in the early Enlightenment translation was deemed improper for women, the rising demand later and the fact that it was considered a mediatory rather than an original task made translation particularly suited for women.