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 ?
Our view is that involving A-people with expertise in this area in A-developing the systems used to introduce mediation will help A-mitigate any risks along with comprehensive A-awareness and skills training for those dealing with family cases.
One of the points raised in A-Edinburgh was that, without A-mainstream exposure through film and TV, it would be difficult to get a wider understanding of what mediation is and how it works.
The second area reports on insights from practitioners regarding the strengths and challenges of existing court mediation programs by voluntary or mandatory program type.
With respect to program challenges, mandatory mediation practitioners noted limited party understanding of the mediation process, lawyer conflicts of interest, mediator quality, lack of good faith, inexperience in managing power imbalances, and resource limitations.
If an earlier indication that a mediation date is not required is obtained, this will enable MBIE to offer the earlier dates to others.
Fifth District and 11th Circuit Mediation Procedures
The parties will discuss with the mediator what procedural steps are needed, but unless agreed otherwise each party will submit, seven days before the first mediation session, a brief written statement summarising its case and the issues to be resolved, accompanied by any documents referred to within the statement.
In part 1 of this series, we introduced five qualities commonly possessed by attorneys who are successful as advocates in the mediation process.
Attached is a copy of the ACR Peer Mediation Standards for K-12 schools.
The findings of a recent study, in which child protection mediators in BC were interviewed about their work, show that child protection mediators attribute success in mediation to effective use of pre-mediation meetings.
This is where UK Family Mediation has been of help to families for years, helping them to communicate better with one another, take decisions, and act in a way that is beneficial to everyone in the family.
The majority of medical dispute cases in Taiwan still depend on mediation, either with hospitals or through third party intervention; only a few result in a lawsuit (Lin, Chiu, et al., 2009; Lin, Peng, et al., 2009).