Changes

==Origin==

==Origin==

Medieval Latin mediatus, past participle of mediare, from Late Latin, to be in the middle, from [[Latin]] medius middle

Medieval Latin mediatus, past participle of mediare, from Late Latin, to be in the middle, from [[Latin]] medius middle

*[http://en.wikipedia.org/wiki/16th_century 16th Century]

*[https://en.wikipedia.org/wiki/16th_century 16th Century]

==Definitions==

==Definitions==

:transitive verb

:transitive verb

*History of mediation

*History of mediation

The activity of '''mediation''' in itself appeared in very ancient times. Historians presume early cases in [http://en.wikipedia.org/wiki/Phoenicia Phoenician] [[commerce]] (but suppose its use in [http://en.wikipedia.org/wiki/Babylon Babylon], too). The [[practice]] developed in [http://en.wikipedia.org/wiki/Ancient_Greece Ancient Greece] (which knew the non-marital mediator as a proxenetas), then in [[Roman]] [[civilization]], (Roman law, starting from [http://en.wikipedia.org/wiki/Justinian_I Justinian's] Digest of 530 - 533 CE) recognized mediation. The Romans called mediators by a variety of [[names]], including internuncius, [[medium]], intercessor, philantropus, interpolator, conciliator, interlocutor, interpres, and finally mediator.

The activity of '''mediation''' in itself appeared in very ancient times. Historians presume early cases in [https://en.wikipedia.org/wiki/Phoenicia Phoenician] [[commerce]] (but suppose its use in [https://en.wikipedia.org/wiki/Babylon Babylon], too). The [[practice]] developed in [https://en.wikipedia.org/wiki/Ancient_Greece Ancient Greece] (which knew the non-marital mediator as a proxenetas), then in [[Roman]] [[civilization]], (Roman law, starting from [https://en.wikipedia.org/wiki/Justinian_I Justinian's] Digest of 530 - 533 CE) recognized mediation. The Romans called mediators by a variety of [[names]], including internuncius, [[medium]], intercessor, philantropus, interpolator, conciliator, interlocutor, interpres, and finally mediator.

Some [[cultures]] regarded the mediator as a [[sacred]] figure, [[worthy]] of particular [[respect]]; and the role partly overlapped with that of [[traditional]] [[wise]] men or [http://en.wikipedia.org/wiki/Tribal_chief tribal chief].

Some [[cultures]] regarded the mediator as a [[sacred]] figure, [[worthy]] of particular [[respect]]; and the role partly overlapped with that of [[traditional]] [[wise]] men or [https://en.wikipedia.org/wiki/Tribal_chief tribal chief].

*Mediation and conciliation

*Mediation and conciliation

"Conciliation" sometimes serves as an umbrella-term that covers all mediation and [[facilitative]] and advisory dispute-resolution processes. Neither [[process]] determines an outcome, and both [[share]] many similarities. For example, both processes involve a neutral third-party who has no enforcing [[powers]].

"Conciliation" sometimes serves as an umbrella-term that covers all mediation and [[facilitative]] and advisory dispute-resolution processes. Neither [[process]] determines an outcome, and both [[share]] many similarities. For example, both processes involve a neutral third-party who has no enforcing [[powers]].

One significant [[difference]] between conciliation and mediation lies in the fact that conciliators possess expert [[knowledge]] of the [[domain]] in which they conciliate. The conciliator can make suggestions for settlement terms and can give advice on the subject-matter. Conciliators may also use their role to actively [[encourage]] the parties to come to a resolution. In certain [[types]] of dispute the conciliator has a [[duty]] to provide legal [[information]]. This helps any [[agreement]] reached to comply with any relevant [http://en.wikipedia.org/wiki/Statutory statutory] framework pertaining to the dispute. Therefore conciliation may include an advisory aspect.

One significant [[difference]] between conciliation and mediation lies in the fact that conciliators possess expert [[knowledge]] of the [[domain]] in which they conciliate. The conciliator can make suggestions for settlement terms and can give advice on the subject-matter. Conciliators may also use their role to actively [[encourage]] the parties to come to a resolution. In certain [[types]] of dispute the conciliator has a [[duty]] to provide legal [[information]]. This helps any [[agreement]] reached to comply with any relevant [https://en.wikipedia.org/wiki/Statutory statutory] framework pertaining to the dispute. Therefore conciliation may include an advisory aspect.

Mediation works [[purely]] facilitatively: the practitioner has no advisory role. Instead, a mediator seeks to help parties to [[develop]] a [[shared]] [[understanding]] of the [[conflict]] and to [[work]] toward building a [[practical]] and lasting resolution.

Mediation works [[purely]] facilitatively: the practitioner has no advisory role. Instead, a mediator seeks to help parties to [[develop]] a [[shared]] [[understanding]] of the [[conflict]] and to [[work]] toward building a [[practical]] and lasting resolution.

Furthermore, the definitions of mediation used by the [[different]] styles of mediation differ in that evaluative mediation has the main drive and goal of settlement, while transformative mediation, in [[contrast]], looks at conflict as a [[crisis]] in [[communication]] and seeks to help resolve the [[conflict]], thereby allowing people to feel empowered in themselves and better about each other. The agreement that arises from this type of mediation occurs as a natural outcome of the [[resolution]] of [[conflict]].

Furthermore, the definitions of mediation used by the [[different]] styles of mediation differ in that evaluative mediation has the main drive and goal of settlement, while transformative mediation, in [[contrast]], looks at conflict as a [[crisis]] in [[communication]] and seeks to help resolve the [[conflict]], thereby allowing people to feel empowered in themselves and better about each other. The agreement that arises from this type of mediation occurs as a natural outcome of the [[resolution]] of [[conflict]].

Both mediation and conciliation serve to identify the disputed issues and to generate [[options]] that help disputants reach a mutually-satisfactory resolution. They both offer [[relatively]] flexible [[processes]]; and any settlement reached should have the [[agreement]] of all parties. This [[contrasts]] with [http://en.wikipedia.org/wiki/Litigation litigation], which normally settles the dispute in favour of the party with the strongest legal [[argument]]. In-between the two operates [http://en.wikipedia.org/wiki/Collaborative_law collaborative law], which uses a facilitative [[process]] where each party has [[counsel]]. [http://en.wikipedia.org/wiki/Mediation]

Both mediation and conciliation serve to identify the disputed issues and to generate [[options]] that help disputants reach a mutually-satisfactory resolution. They both offer [[relatively]] flexible [[processes]]; and any settlement reached should have the [[agreement]] of all parties. This [[contrasts]] with [https://en.wikipedia.org/wiki/Litigation litigation], which normally settles the dispute in favour of the party with the strongest legal [[argument]]. In-between the two operates [https://en.wikipedia.org/wiki/Collaborative_law collaborative law], which uses a facilitative [[process]] where each party has [[counsel]]. [https://en.wikipedia.org/wiki/Mediation]

[[Category: Law]]

[[Category: Law]]