| 单词 | mediation | ||||||
| 释义 | mediationme·di·ateM0190000 (mē′dē-āt′)mediation(ˌmiːdɪˈeɪʃən)me•di•a•tion(ˌmi diˈeɪ ʃən)n.
mediationmediate(ˈmiːdieit) verbmediationmediation,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. ..... Click the link for more information. 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 ..... Click the link for more information. ). 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. Mediationin 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. mediationmediation[me″de-a´shun]me·di·a·tion(mē'dē-ā'shŭn),mediationA form of conflict resolution in which the parties of a dispute maintain an active dialogue moderated by a mediator in an effort to avoid litigation.mediation(mē″dē-ā′shŭn)mediationMediationA settlement of a dispute or controversy by setting up an independent person between two contending parties in order to aid them in the settlement of their disagreement. In International Law, mediation is the friendly interference of one state in the controversies of nations. It is recognized as a proper action to promote peace among nations. The individual who intervenes in order to help the other parties settle their dispute is called a mediator. Cross-referencesAlternative Dispute Resolution. mediationn. the attempt to settle a legal dispute through active participation of a third party (mediator) who works to find points of agreement and make those in conflict agree on a fair result. Mediation differs from arbitration in which the third party (arbitrator) acts much like a judge but in an out-of-court less formal setting but does not actively participate in the discussion. Mediation has become very common in trying to resolve domestic relations disputes (divorce, child custody, visitation), and is often ordered by the judge in such cases. Mediation also has become more frequent in contract and civil damage cases. There are professional mediators, or lawyers who do some mediation for substantial fees, but the financial cost is less than fighting the matter out in court and may achieve early settlement and an end to anxiety. However, mediation does not always result in a settlement. (See: arbitration) mediationa form of alternative dispute resolution, whereby parties attempt to resolve their differences without going to court. Some court systems utilize voluntary or compulsory mediation, especially in family matters. Mediators are trained in the necessary skills and some are lawyers and some are not. Often the result of a mediation will be encapsulated in legal form to prevent the deal being unstitched. It is used in disputes as varied as child custody and international disputes.MEDIATION. The act of some mutual friend of two contending parties, who brings them to agree, compromise or settle their disputes. Vattel, Droit des Gens, liv. 2, eh. 18, Sec. 328. mediationMediationmediationMediation.Mediation is an informal, voluntary method of resolving disputes, in which the parties in conflict meet with a trained, independent third party to come up with a solution that's satisfactory to everyone involved. For example, if you have a problem with your broker that you can't resolve directly with the firm, you can file a request for mediation with NASD, which oversees brokerage firms and has over 900 trained mediators to help resolve disputes. Mediation is considered less expensive, less formal, and less confrontational than arbitration or lawsuits. But both parties must agree to use the process. While you may retain a legal adviser during mediation, any resolution will be crafted with your direct involvement, which is usually not the case with arbitration. Also, unlike arbitration, mediation is nonbinding, which means that if you're not happy with the outcome, you can stop the process, and either drop the issue or move to more formal proceedings. mediationa method of resolving INDUSTRIAL DISPUTES in which a neutral third party acts as a go-between to the parties in dispute. Typically, the mediator introduces proposals of his or her own as an aid to continued NEGOTIATIONS. It is a useful form of intervention where disputes have become especially acrimonious and the disputants are entrenched in their bargaining positions. Conceptually it is midway between CONCILIATION and ARBITRATION. See ADVISORY, CONCILIATION AND ARBITRATION SERVICES (ACAS), COLLECTIVE BARGAINING.mediationa procedure for settling disputes, most notably INDUSTRIAL DISPUTES, in which a neutral third party meets with the disputants and endeavours to help them resolve their differences and reach agreement through continued negotiation. In some countries, ‘conciliation’ is distinguished from ‘mediation’ according to the degree of intervention exercised by the conciliator or mediator in the process of encouraging the parties to settle their differences, with a conciliator refraining from advancing, and the mediator expected to advance, proposals of his own for possible settlements. Both forms of intervention leave the bargaining process intact, with any resultant settlement being agreed upon by all disputing parties. In the UK, the ADVISORY, CONCILIATORY AND ARBITRATION SERVICE acts in this capacity See alsoARBITRATION, COLLECTIVE BARGAINING, INDUSTRIAL RELATIONS.mediationAn alternative dispute resolution (ADR) process in which a trained person assists disputants in coming to a solution that will be the best one under the circumstances for all involved.It is not binding,but many courts are now imposing mandatory diversion to mediation and a requirement that the parties negotiate in good faith to reach a settlement. Failure to settle may subtly impact a judge's decision regarding the party most at fault in a dispute.The American Arbitration Association,which also offers mediation services,maintains a Web site at www.adr.org. mediation
Synonyms for mediation
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mediation - a negotiation to resolve differences that is conducted by some impartial party