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 ?
These standards are designed Id enhance quality and stimulate thought armory youth and adult participants In peer mediation programs.
All conflict-related incidents declined after the first year of peer mediation except for bullying.
In Turkey, peer mediation programs are implemented in schools as either cadre programs, which are designed and implemented for training students as mediators, or whole-school programs, which include basic conflict resolution skills (Baskan & Atalar, 2014; Kiran Esen, Kaya, Sezgin & Bakir Aygar, 2017) and peer mediation training, as part of in-class instruction and activities (Schrumpf, Crawford, & Bodine, 1997).
The results indicated that peer mediation had significant positive results for mediator and non-mediator attitudes about conflict, understanding of conflict, and perceptions of school climate.
Elementary, middle, and secondary schools have implemented peer mediation systems to involve students in resolving conflicts, thereby empowering students and encouraging their participation in the school community (Kajs, Thomas, Wilson, & Zambon, 2001).
Arladun Somali-Canadian Society, Peer Mediation and Conflict Resolution Project.
The study focused on (1) the effects of peer mediation as part of a behavioral intervention package of empirically validated components, (2) the effects of aligning assessment data to the BIP, and (3) the social validity of the assessment and intervention process.
The programs focused on various approaches, including problem-solving skills and emotion-control strategies, rewards for good behavior, conflict resolution, and peer mediation.
The effectiveness of an existing peer mediation program in a diverse, suburban elementary school was examined.
Children and young people from six Northumberland schools took part in a variety of workshops such as peer mediation and assertiveness training, as well as giving performances and presentations on their own experiences of bullying.
While teachers desire specific guidelines in how to implement effective peer intervention instruction (Vaughn, 2001), research into peer mediation fails to provide suggestions regarding how to link cooperative learning theory with specific instructional objectives (Maheady, 2001).
Key examples of charities assisted in the past 12 months from proceeds from the previous concert include the AIPA charity which used its grant funding to create a peer mediation project in Aston, the Birmingham Victory Youth Project which helps young people to develop their social skills and make better use of the opportunities available and New Beginnings which has been able to expand an existing support service for local elderly people and enable the development of a telephone-befriending project for the housebound, isolated or lonely.