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 ?
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.
Due to space limitations, this important issue will receive no further elaboration even though it can blur the distinction between mediative and determinant actions.
As Michael Dash explains, "the dialectical relationship between the disorientation of exile and the plenitude of belonging can be seen as a mediative exercise, a means of imaginatively negotiating the trauma of Caribbean history" (451).
In 1378 the Florentine state established the Otto di guardia, a strong magistracy that functioned as a mediative power calling for compromise.
with the irony of Christ's unique mediative function.
It is concluded that they will not be adequate and that the involvement of mediative assistance, such as that of a program facilitator from the time of contract award, would do much to avoid, mitigate, and resolve such problems early on.
The teacher fills a complex, mediative role in the discourse relationship, voicing both normal and abnormal discourses, while intentionally providing the environment for secondary discourse interaction (see Figure 1).
Having thus established that myth is not "defective" but "mediative" thinking, and that categorical thinking is subsequent, not antecedent, to mythical conceptualization, Cassirer develops his discussion of the parallels that exist between the emergence of myth and the emergence of language, beginning with a discussion of the former.
Likewise, the narrator's mediative role between the Puritan and Jacksonian eras recalls Dwight's role as minister/writer casting back to the origins of his congregation's village and forward into its future.
They are mediative inquiries, one step removed from the merits, and they offer the profession the opportunity to discuss institutional arrangements for the resolution of heated social questions -- arrangements that incidentally hold out the prospect of ultimate compromise.