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 ?
In the playoff, Mediate rallied from a three-shot deficit with eight holes left and, as in regulation the day before, led Woods by one shot entering the 18th hole.
Achatz -- pronounced jackets without the "j," he said -- was at Sherwood for just three months before he got the call from Mediate, who had missed the first three cuts of the year and parted ways with his caddie.
There was an early scare for Woods backers yesterday when Mediate led by a shot after four holes.
MR MAGIC: Tiger Woods celebrates after sinking a 15-foot birdie putt on the 18th (right) to force a play-off with Rocco Mediate
That Chief Counsel has accepted mediation as an ADR procedure does not mean that District Counsel in the field will agree to mediate a case.
More recently they have been enlisted by health and family planning programmes to mediate the improvement of health care for mothers and children.
On the sudden death hole at the par-4 seventh, Mediate hit his tee shot left into a bunker.
The 45-year-old Mediate was three behind Woods after 10 but battled back to lead by one stroke heading to the final hole.
Woods immediately went one shot ahead in the 18-hole shootout at Torrey Pines, only to find himself one behind after four holes when Mediate mounted a revival.
TIGER Woods forced an 18-hole play-off with fellow American Rocco Mediate for the US Open title on the final hole of the fourth round at Torrey Pines.
That many HA2-specific antibodies do not display substantial antiviral activities in vitro does not preclude protective activity in vivo because the mere binding of antibody to native HA expressed on infected cells and infectious virus could mediate protective activity by targeting Fc-receptor expressing cells or complement deposition to these structures.