Mediation is a process of Alternative Dispute Resolution in which a neutral third
party, the mediator, assists two or more parties in order to help them negotiate an agreement,
with concrete effects, on a matter of common interest; lato sensu is any activity in which an
agreement on whatever matter is researched by an impartial third party, usually a professional,
in the common interest of the parties.
|
Mediation applies to different fields, with some common peculiar elements and some
differences for each of its specialties. The main fields of application of mediation are
business commerce, legal dispute and diplomacy, but minor forms can be found in other fields
too. The mediation in marriages is technically admitted in the category, even if it follows
its own history since the times of ancient Greeks.
The activity in itself is indeed very ancient, presumably started with Phoenician commerce
(but it has been supposed it was in use in Babylon too), and developed in Greece (where the
mediator is called proxenetas - not in the sense of marriage mediator), then in Roman
civilisation, where mediation is recognised in Roman law starting from Justinian's Digest.
In Rome the mediator was called with a variety of names, among which internuncius, medium,
intercessor, philantropus, interpolator, conciliator, interlocutor, interpres, and finally
mediator. During the Middle Ages, mediation has been differently considered, sometimes
forbidden, or its practice has been restricted to centralised authorities. In some cultures
it was instead a sacred figure, tributed a particular respect, partly coincident with that
of traditional wise men.
|
|
Mediation and Law go hand in hand. The modern and up-to-date lawyers now
advise their clients that there is more than one choice to handle their
conflicts.
Mediation, a form of ADR (Alternative Dispute Resolution), is a tool
that helps the parties to resolve their disputes
- efficiently
- fast
- economically
Mediation is more than a Negotiation because here a trained and neutral third
party assists the disputants to settle their disputes. On this website you will
find information both about Mediation and the Law.
|
