What is "mediation"

Mediation \Me`di*a"tion\, n. [OE. mediacioun, F. m['e]diation. See Mediate, a.]

1. The act of mediating; action or relation of anything interposed; action as a necessary condition, means, or instrument; interposition; intervention.

   The soul [acts] by the mediation of these passions.
   --South.

2. Hence, specifically, agency between parties at variance, with a view to reconcile them; entreaty for another; intercession.
   --Bacon.

late 14c., from Medieval Latin mediationem (nominative mediatio) "a division in the middle," noun of action from past participle stem of mediare (see mediator). Related: Mediational.

n. 1 negotiation to resolve differences conducted by some impartial party. 2 the act of intervening for the purpose of bringing about a settlement.

1. n. negotiation to resolve differences conducted by some impartial party

2. the act of mediating [syn: intermediation]

Mediation is a dynamic, structured, interactive process where a neutral third party assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques. All participants in mediation are encouraged to actively participate in the process. Mediation is a "party-centered" process in that it is focused primarily upon the needs, rights, and interests of the parties. The mediator uses a wide variety of techniques to guide the process in a constructive direction and to help the parties find their optimal solution. A mediator is facilitative in that s/he manages the interaction between parties and facilitates open communication. Mediation is also evaluative in that the mediator analyzes issues and relevant norms ("reality-testing), while refraining from providing prescriptive advice to the parties (e.g., "You should do... .").

Mediation, as used in law, is a form of alternative dispute resolution (ADR), a way of resolving disputes between two or more parties with concrete effects. Typically, a third party, the mediator, assists the parties to negotiate a settlement. Disputants may mediate disputes in a variety of domains, such as commercial, legal, diplomatic, workplace, community and family matters.

The term "mediation" broadly refers to any instance in which a third party helps others reach agreement. More specifically, mediation has a structure, timetable and dynamics that "ordinary" negotiation lacks. The process is private and confidential, possibly enforced by law. Participation is typically voluntary. The mediator acts as a neutral third party and facilitates rather than directs the process. Mediation is becoming a more peaceful and internationally accepted solution in order to end conflict. Mediation can be used to resolve disputes of any magnitude.

Mediators use various techniques to open, or improve, dialogue and empathy between disputants, aiming to help the parties reach an agreement. Much depends on the mediator's skill and training. As the practice gained popularity, training programs, certifications and licensing followed, producing trained, professional mediators committed to the discipline.

The benefits of mediation include:

Cost : While a mediator may charge a fee comparable to that of an attorney, the mediation process generally takes much less time than moving a case through standard legal channels. While a case in the hands of a lawyer or a court may take months or years to resolve, mediation usually achieves a resolution in a matter of hours. Taking less time means expending less money on hourly fees and costs. Confidentiality : While court hearings are public, mediation remains strictly confidential. No one but the parties to the dispute and the mediator or mediators know what happened. Confidentiality in mediation has such importance that in most cases the legal system cannot force a mediator to testify in court as to the content or progress of mediation. Many mediators destroy their notes taken during a mediation once that mediation has finished. The only exceptions to such strict confidentiality usually involve child abuse or actual or threatened criminal acts. Control : Mediation increases the control the parties have over the resolution. In a court case, the parties obtain a resolution, but control resides with the judge or jury. Often, a judge or jury cannot legally provide solutions that emerge in mediation. Thus, mediation is more likely to produce a result that is mutually agreeable for the parties. Compliance : Because the result is attained by the parties working together and is mutually agreeable, compliance with the mediated agreement is usually high. This further reduces costs, because the parties do not have to employ an attorney to force compliance with the agreement. The mediated agreement is, however, fully enforceable in a court of law. Mutuality : Parties to a mediation are typically ready to work mutually toward a resolution. In most circumstances the mere fact that parties are willing to mediate means that they are ready to "move" their position. The parties thus are more amenable to understanding the other party's side and work on underlying issues to the dispute. This has the added benefit of often preserving the relationship the parties had before the dispute. Support : Mediators are trained in working with difficult situations. The mediator acts as a neutral facilitator and guides the parties through the process. The mediator helps the parties think "outside of the box" for possible solutions to the dispute, broadening the range of possible solutions.

In statistics, a mediation model is one that seeks to identify and explain the mechanism or process that underlies an observed relationship between an independent variable and a dependent variable via the inclusion of a third hypothetical variable, known as a mediator variable (also a mediating variable, intermediary variable, or intervening variable). Rather than a direct causal relationship between the independent variable and the dependent variable, a mediation model proposes that the independent variable influences the (non-observable) mediator variable, which in turn influences the dependent variable. Thus, the mediator variable serves to clarify the nature of the relationship between the independent and dependent variables.

Mediation analyses are employed to understand a known relationship by exploring the underlying mechanism or process by which one variable influences another variable through a mediator variable. Mediation analysis facilitates a better understanding of the relationship between the independent and dependent variables when the variables appear to not have a definite connection. They are studied by means of operational definitions and have no existence apart.

Mediation in Marxist theory refers to the reconciliation of two opposing forces within a given society (i.e. the cultural and material realms, or the superstructure and base) by a mediating object. Similar to this, within media studies the central mediating factor of a given culture is the medium of communication itself. The popular conception of mediation refers to the reconciliation of two opposing parties by a third, and this is similar to its meaning in both Marxist theory and media studies. For Karl Marx and Friedrich Engels, this mediating factor is capital or alternately labor, depending on how one views capitalist society (capital is the dominant mediating factor, but labor is another mediating factor that could overthrow capital as the most important one).

To give a concrete example of this, a worker making shoes in a shoe factory is not only producing shoes, but potential exchange-value. The shoes are commodities that can be sold for cash. In this way, the value of the labor of the worker is the exchange-value of the shoes he or she produces minus his or her compensation. At the same time, however, the shoes produced have certain social or cultural values as well. In this way, the worker’s labor is mediating between the economic or exchange-value of the shoes, and their social or cultural, or symbolic value.

In media studies, thinkers like Marshall McLuhan treat “ the medium is the message” or the medium of a given social object (such as a book, CD, or television show) as the touchstone for both the cultural and material elements of the society in which this object exists. McLuhan is famous for critiquing the different types of cultural and material processes that are made available between print-based media (like books and magazines) and electronic media like television, radio, and film. While print requires thinking that is linear, chronological, and separate from the thinking of others, electronic media are considered more organic, simultaneous, and interdependent on other media and on other users of that media.

Many thinkers are now considering how Marxist theory affects the way we think of media and vice versa, at the same time that new media are becoming a major form of communication. Contemporary media theorists often use elements of Marxist theory, such as mediation, to look at how new media affect social relations and lifestyles through their ability to communicate images, sounds, and other forms of information across the globe at incredible speeds.

Mediation, in legal practise, is a form of alternative dispute resolution.

Mediation may also refer to:

• Cultural mediation, a mechanism of human development
• Data mediation, data transformation via a mediating data model
• Mediation (magic), an idea in traditional magical thinking
• Mediation (Marxist theory and media studies), the reconciliation of two opposing forces within a given society by a mediating object
• Mediation (statistics), a concept in psychometrics
• Telecommunications mediation, a process that converts call data to a layout that can be imported by a billing system or other application