Mediation

Mediation in the United States

Contents:

Intervention intended to promote a settlement by a third party in a dispute. Mediation is generally nonadversarial in character and is conducted informally. The process may ultimately produce resolution of the dispute, but it may not be that successful. Instead, mediation may only yield a clarification of the issues in a dispute, a function which is nonetheless helpful to subsequent efforts to resolve the dispute. Unlike the arbitration process, a third party may only try to lead the parties to a settlement; a mediator has no power to render a binding decision. Mediation processes have been established under both federal and state law. The Federal Mediation and Conciliation Service, for example, was created in 1913 to provide services aimed at resolving labor disputes. Similar agencies can be found at the state level, especially in the large industrialized states. The term conciliation is often used interchangeably with the term mediation.

See Also

Arbitration (Judicial Function) Settlement (Judicial Function).

Analysis and Relevance

Mediation is a dispute resolution alternative to the courts. If successful, it reduces the case demands on the Judiciary (U.S.) and provides quicker and less expensive results for parties to a dispute. Mediation has been particularly effective in domestic disputes. Indeed, many urban or other large j’ur’iSclictiOilS h&v GTSSted ffiSdiation or conciliation agencies within the court itself. Additional incentive for use of mediation is provided under the Dispute Resolution Act of 1980, which directs federal funding to states that establish or improve their nonjudicial dispute resolution processes.

Notes and References

  1. Definition of Mediation from the American Law Dictionary, 1991, California

Mediation Definition

The act of some mutual friend of two contending parties, who brings them to agree, compromise, or settle their disputes. Vattel, Dr. des Gens, liv. 2, c. 18, § 328.

Mediation in Foreign Legal Encyclopedias

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Mediation Mediation in the Environmental Law Portal of the American Encyclopedia of Law.

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Legal Issue for Attorneys

The act of some mutual friend of two contending parties, who brings them to agree, compromise, or settle their disputes. Vattel, Dr. des Gens, liv. 2, c. 18, § 328.

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Notice

This definition of Mediation Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

Plain-English Law

Mediation as defined by Nolo’s Encyclopedia of Everyday Law (p. 437-455):

A dispute-resolution method designed to help people resolve disputes 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.

Practical Information

Note: Some of this information was last updated in 1982

The act of a third person who intervenes between two contending parties with a view towards reconciliation. In a labor dispute, mediation procedures cannot force labor and management to agree. In guiding the parties to mutual agreement, the mediator may only suggest compromises and solutions. See arbitration (in U.S. law); conciliation (in U.S. law).

(Revised by Ann De Vries)

What is Mediation?

For a meaning of it, read Mediation in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Mediation.

Mediation in State Statute Topics

Introduction to Mediation (State statute topic)

The purpose of Mediation is to provide a broad appreciation of the Mediation legal topic. Select from the list of U.S. legal topics for information (other than Mediation).

Mediation as a Trial Alternative: Effective Use of the ADR Rules

This section examines the Mediation as a Trial Alternative: Effective Use of the ADR Rules subject in its related phase of trial. In some cases, other key elements related to trials, such as personal injury, business, and criminal litigation, are also addressed.

Concept of Mediation in Labor Law

In this context, a definition of Mediation is offered here: (Conciliation) The efforts of a third party to help parties to reach agreement in a labor dispute. Mediators help clarify issues and suggest possible solutions. Under the RLA mediators have the authority to recommend to the NMB when the parties can be released from further bargaining union and the ___ strike and management implement terms of an agreement.

Mediation

Resources

Further Reading

  • ADR Problems and Prospects: Looking to the Future, Goldberg, Stephen B., Green, Eric D., and Sander, Frank E.A., 69: 291-299 (Feb.-Mar. '86, AJS Judicature)
  • Alternative Dispute Resolution and the Courts: An Introduction (introduction), Alfini, James J., 69: 252-253, 314 (Feb.-Mar. '86, AJS Judicature)
  • Arbitration vs. Mediation – Explaining the Differences, Cooley, John W., 69: 263-269 (Feb.-Mar. '86, AJS Judicature)
  • Balancing act: implementing a statewide, court-sponsored ADR program, Goldschmidt, Jona and Hallett, Michael, 80: 222-229 (Mar.-Apr. '97, AJS Judicature)
  • The benefits of win-win mediation (viewpoint), Nagel, Stuart S., 85: 110-111, 159-160 (Nov.-Dec. '01, AJS Judicature)
  • Civil Mediation in Palm Beach: A “Retired” Massachusetts Judge Pioneers A Sucessful New Program (focus), Ratliff, Leslie C., 73: 51-53, 57 (Jun.-Jul. '89, AJS Judicature)
  • Community Mediation in Massachusetts: Lessons From A Decade of Development (focus), Davis, Albie M., 69: 307-309 (Feb.-Mar. '86, AJS Judicature)
  • The D.C. Multi-Door Courthouse (focus), Finkelstein, Linda J., 69: 305-306 (Feb.-Mar. '86, AJS Judicature)
  • Early mediation efforts (letter), Stanley, Nancy E., 80: 49 (July-Aug. '96, AJS Judicature)
  • Litigants like mediation (brief), Richert, David, 85: 101 (Sept.-Oct. '01, AJS Judicature)
  • Mandatory Mediation of Divorce: Maine's Experience (focus), Clark, Lincoln and Orbeton, Jane, 69: 310-312 (Feb.-Mar. '86, AJS Judicature)
  • Maryland launches mediation program in appellate court (brief), Richert, David, 93: 212 (3, AJS Judicature)
  • New studies provide insight into how disputants value case evaluation by third parties (focus), Jones, Gregory Todd and Yarn, Douglas H., 87: 147-148 (Nov.-Dec. '03, AJS Judicature)
  • The privatization of civil justice (viewpoint), Murray, Peter, 91: 272-275, 315-316 (May-Jun '08, AJS Judicature)
  • Report on appellate mediation (brief), Richert, David, 85: 252 (Mar.-Apr. '02, AJS Judicature)
  • Resolving Libel Cases Out of Court: How Attorneys View the Libel Dispute Resolution Program, Wissler, Roselle, Cranberg, Gilbert, Soloski, John, Murchison, Brian, and Bezanson, Randall P., 75: 329-333 (Apr.-May '92, AJS Judicature)
  • Standards of Conduct for Mediators, Feerick, John D., 79: 314-317 (May-June '96, AJS Judicature)
  • A Step Forward: Tulsa's Precourt Hearing Program (focus), Kleiman, Bonnie S., 70: 170-171 (Oct.-Nov. '86, AJS Judicature)
  • What role does gender play in mediation of domestic relations cases?, Gordon, Elizabeth Ellen, 86: 134-143 (Nov.-Dec. '02, AJS Judicature)
  • Who shall mediate?, Hill, Norma Jeanne, 82: 70-73 (Sept.-Oct. '98, AJS Judicature)
  • Why attorneys support mandatory mediation, Gordon, Elizabeth Ellen, 82: 224-231 (Mar.-Apr. '99, AJS Judicature)
  • Resources

    Further Reading

    mediation in relation to Invention and Patent Law

    A method of alternative dispute resolution in which a mutually agreed on mediator works with the disputing parties to help them reach an agreement. While mediation has a high rate of success in resolving disputes, in contrast to arbitration, a mediator has no authority to force a decision on the parties. .

    Mediation in Criminal Justice in relation to Crime and Race

    Mediation in Criminal Justice is included in the Encyclopedia of Race and Crime (1), beginning with: Since the 1970s, mediation has been gaining widespread popularity, visibility, and acceptance around the world, from the interpersonal level to the international. Its presence is evident in a wide range of contexts, particularly those situations in which disputing parties can be engaged to play a role in managing their own outcomes. When racially sensitive situations occur, mediation is a particularly useful intervention process, since it helps the parties communicate directly, break down their stereotypes or images, and facilitate a better understanding of each other. Despite the fact that the criminal justice system has historically relied on adversarial methods resulting in win/lose outcomes and the idea that guilt must be proven beyond a reasonable doubt, mediation, a nonadversarial process, has increasingly been embedded in many components of the system.

    Mediation as a Trial Alternative: Effective Use of the ADR Rules

    This section examines the Mediation as a Trial Alternative: Effective Use of the ADR Rules subject in its related phase of trial. In some cases, other key elements related to trials, such as personal injury, business, and criminal litigation, are also addressed.

    Concept of Mediation in Labor Law

    In this context, a definition of Mediation is offered here: (Conciliation) The efforts of a third party to help parties to reach agreement in a labor dispute. Mediators help clarify issues and suggest possible solutions. Under the RLA mediators have the authority to recommend to the NMB when the parties can be released from further bargaining union and the ___ strike and management implement terms of an agreement.

    Resources

    Notes and References

    1. Entry about Mediation in Criminal Justice in the Encyclopedia of Race and Crime

    See Also

    Mediation Definition in the context of the Federal Court System

    The alternative dispute resolution (ADR) method most commonly used in the district courts. Mediation is an informal process in which a mediator facilitates negotiations between the parties to help them resolve their dispute.

Mediation: Open and Free Legal Research of US Law

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