mediation

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Mediation

An extrajudicial means of resolving a dispute between a broker and a client in which the parties agree to make their cases before an impartial person or panel. Very often, mediation is conducted through FINRA. Mediation is less expensive than arbitration and is certainly cheaper than a lawsuit.

mediation

A process for settling a dispute between an investor and a broker. The two sides employ a third party who attempts to find common ground that will resolve the dispute. Mediation is a less lengthy and less expensive alternative to arbitration. Each side must agree to mediation and either side may walk away from the process at any time. Compare arbitration. See also NASD Dispute Resolution, Inc.

Mediation.

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.

mediation

a 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.

mediation

a 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.

mediation

An 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.

References in periodicals archive ?
Augsburger, Conflict Mediation across Cultures: Pathways and Patterns (Louisville: Westminster John Knox, 1992), 152.
The college students who were the media literacy facilitators discussed with the sixth graders material that they had been learning in their courses about differing factors in the portrayal of violence, possible effects of viewing violence, and models used in conflict mediation.
The conventional conflict mediation literature privileges recognition of hierarchical decision-making (Rigby, 1995; see Cruikshank, 1987, for an exception).
Oxfeld concluded that none of the conflict mediation structures would work if the parties involved were planning to leave the community anyway, such as emigrating to Canada, but what happens in mediation to those women who have no recourse but to abide by their husbands' or fathers' will?
But, certainly, at the postgraduate level, the success of the conflict mediation, dispute settlement, arbitration, and mediation courses around the country by various entrepreneurs and by academic centers is a whole new ballpark, especially because there's more and more accountability for outlier phenomena, or whatever you want to call it, in physician skills and physician behavior.
We also recognize that a significant witness is made by the churches when they are willing to mediate their differences within an ecumenical covenant, thus demonstrating to a pluralistic society a more inclusive style of conflict mediation.
Many little hot wars have replaced the four decades of the Cold War, spawning new strategies and concepts of conflict mediation and even a nascent industry.
Although religion often has been a divisive influence in human relations, religious and spiritually oriented NGOs have been among the earliest and most prominent actors in conflict mediation and resolution.
Based on findings, the research team has determined that "Excellent public relations" has a conflict mediation orientation and requires the establishment of two-way communication between an organization and its publics.
He was also director of the UCLA Conflict Mediation Program and co-director of the Center for the Study and Resolution of Interethnic/Interracial Conflict.
Also, the hybrid mission undertook a review of its strategic priorities and decided to focus on three fields: the peace mediation which is now given to the AUHIP panel, protection of civilians and humanitarian assistance, and support to local conflict mediation.
This Orange County mom, who gave up her career to home school her son Chase, diagnosed with autism at the age of 2, has set up what is possibly the first-ever conflict mediation retreat for home-schooled children.

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