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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.


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 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.


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.


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.


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

References in periodicals archive ?
The shift from an adversary to a mediative perspective has also led to the disaggregation of the traditional elements of custody and custody's erosion as an essential legal concept.
After outlining the general context where changes take place and its importance, the author proposes avoiding the false dichotomy between restoring the past or installing an eschematic future without mediative reflexion.
These passages not only reject the notion (held by Koehler) that memory can be reduced to brain states, but that there need be any mediative states of the brain in mental causation.
What are the implications if public administrators and analysts engage individuals in group debate, provide information to advance constructive discourse, and generally play a mediative or facilitative role rather than purely advisory role?
Most organizational conflicts are similarly susceptible to mediative interventions.
The six who were chosen fully highlight the mediative process.
For the first is a mediative property, whereas the second is an additive property, and a mediative property cannot be directly proportional to one that is additive.
Subotnik examines the very different characterizations of the Queen of the Night and Tamino, the former showing the deconstructive effects of cultural convention and the latter improving on Papageno's instinctive "naturalness" through the mediative Bildnis of reason, thus affirming the importance of rational and musical structure in the achievement of what Mozart's Enlightenment audience would have considered the optimal nature of man.
Indeed, it is a curiosity of Vizenor's work in general that in most respects it exemplifies the theoretical underpinnings of Ruppert's argument--Vizenor has himself pioneered transcultural, antiessentialist, thoroughly mediative approaches to Native American literature--yet may tend, in its quite thoroughgoing disruption of audience expectations, to deny footholds to the Native and non-Native implied readers it must attract before it can disrupt.
analytical, deliberative, mediative, organizational, etc.
It might appear that her role as male-defined cipher of acquisition might be understood in the mediative or appropriative senses espoused by Rene Girard or Eve Kosofsky Sedgewick; however, the film depicts the men, too, as equal and interchangeable ciphers.
Moreover, the few studies that have tested personal and contextual factors for their additive, mediative or interaction effects on coping and/or adaptation have yielded mixed results (e.