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 ?
However, the most intriguing experiments, from the point of view of conflict mediation, are the bilateral commissions.
The sixth graders' responses also demonstrated an integration of interpersonal conflict mediation and the analysis of media violence.
The conventional conflict mediation literature privileges recognition of hierarchical decision-making (Rigby, 1995; see Cruikshank, 1987, for an exception).
In five, two-hour sessions spanning two weeks, the mediators were taught listening and communication skills, problem identification and solutions, leadership and teamwork, conciliation, and conflict mediation process.
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.
Working with international political peace mediators from the Woodrow Wilson Centre and the University of Rouen (France), I observed the combination of various methods and approaches to conflict mediation and had the opportunity to co-mediate an intra-ethnic conflict involving a vice-president, senior army officials, some senators and several senior executives in the private sector.
To do so, they are mediating conflicts directly, training others to be experts in conflict mediation and even offering classes to anyone who expresses an interest, Marie-Line Karam, one of the experts, and an international law professor at the Lebanese University, told The Daily Star.
"I am now in Oslo, Norway to attend an International Forum on Conflict Mediation and to express our country's gratitute for Norway's significant and continuing support to the long-drawn peace negotiations with the Left.
"In fact, I am now in Oslo, Norway to attend an International Forum on Conflict Mediation and to express our country's gratitude for Norway's significant and continuing support to the long drawn peace negotiations with the left," Dureza said in a statement.
Asean and the EU are rightly expanding our security cooperation from preventive diplomacy to conflict mediation and crisis management, from maritime security to transnational crime and counterterrorism.
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.
He considers the strategic environment within which public interest activists operate, field-tested tools and processes for envisioning/planning/implementing campaigns, conducting public interest research and engaging the media, working for change in the state and corporate sector, physical protest and other forms of direct action, using technology and working on digital campaigns, litigation as campaign tactic, non-litigious conflict mediation, as well as insights into how to avoid burn-out.

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