The 'Lectric Law Library's Lexicon On
* Mediation, Mediator*

 

MEDIATION - A method of alternative dispute resolution in which a neutral third party helps resolve a dispute. The mediator does not have the power to impose a decision on the parties. If a satisfactory resolution cannot be reached, the parties can pursue a lawsuit. A non-adversarial process where a neutral person (a mediator) meets with disputing persons to help them settle the dispute. The mediator, however, does not have the power to impose a solution on the parties.

Mediation is often used to help a divorcing or divorced couple work out their differences concerning alimony, child support, custody, visitation and division of property. Some lawyers and mental health professionals employ mediation as part of their practice. Six states require mediation in custody and visitation disputes. Eighteen states allow courts to order mediation while one state permits voluntary mediation. A few states have started using mediation to resolve financial issues as well.

The act of some mutual friend of two contending parties, who brings them to agree, compromise or settle their disputes.

MEDIATOR - One who interposes between two contending parties, with their consent, for the purpose of assisting them in settling their differences. Sometimes this term is applied to an officer who is appointed by a sovereign nation to promote the settlement of disputes between two other nations.
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