| Mediation comprises an act of bringing
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| | the terms mediation and conciliation can
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| two states, sides or parties in a dispute
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| | be interchangeable but often it is not
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| closer together toward agreement through
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| | appropriate for this to occur. Both
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| alternative dispute resolution (ADR), a
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| | processes are non determinative and they
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| dialogue in which a (generally) neutral
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| | have many similarities. The main
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| third party, the mediator, using
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| | difference is that conciliators have some
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| appropriate techniques, assists two or
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| | degree of expert knowledge of the content
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| more parties to help them negotiate an
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| | in the area that they conciliating. A
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| agreement, with concrete effects, on a
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| | conciliator can make suggestions for
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| matter of common interest. More generally
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| | settlement terms and can also give advice
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| speaking, the term "mediation" covers any
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| | on the subject matter which makes
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| activity in which an impartial third
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| | conciliation more of an advisory service.
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| party (often a professional) facilitates
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| | The conciliator can use their role to
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| an agreement on any matter in the common
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| | actively encourage the parties to come to
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| interest of the parties involved.
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| | a resolution but the conciliator is in no
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| Mediation applies to different fields,
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| | way determinative. In some types of
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| with some common peculiar elements and
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| | conciliations the conciliator has a
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| some differences for each of its
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| | responsibility to provide legal
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| specialties. The main fields of mediation
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| | information so that any agreement made
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| include commerce, legal disputes and
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| | can fit into the statutory framework that
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| diplomacy, but forms of mediation appear
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| | is required in the area that is subject
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| in other fields as well. Mediation in
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| | to the conciliation. Mediation is purely
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| marriage technically belongs in the
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| | facilitative whereas conciliation is a
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| category, although it has followed its
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| | mixture of an advisory dispute resolution
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| own peculiar history since the times of
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| | service and facilitation. The term
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| ancient Greeks: compare marriage
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| | mediation is used where the practitioner
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| counselling.
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| | has no advisory role, if the practitioner
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| History of dispute mediation
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| | does have an advisory role then the term
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| The activity of mediation in itself
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| | conciliation should be used. Both
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| appeared in very ancient times.
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| | mediation and conciliation identify the
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| Historians presume early cases in
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| | disputed issues and use options to
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| Phoenician commerce (but suppose its use
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| | endeavour to reach an agreement.
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| in Babylon, too). The practice developed
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| | Franchise agreements signify an ongoing
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| in Ancient Greece (which knew the
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| | commercial agreement between the
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| non-marital mediator as a proxenetas),
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| | contracting parties. The agreements that
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| then in Roman civilization, (Roman law
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| | are usually entered into have elements of
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| (starting from Justinian's Digest of 530
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| | imbalance of bargaining power and
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| - 533) recognised mediation. The Romans
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| | business experience between the
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| called mediators by a variety of names,
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| | franchisee and franchisor; there are also
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| including internuncius, medium,
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| | many external commercial pressures that
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| intercessor, philantropus, interpolator,
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| | the parties are faced with. The
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| conciliator, interlocutor, interpres, and
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| | franchising code of conduct is a
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| finally mediator.
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| | mandatory code under the TPA. All
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| The Middle Ages regarded mediation
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| | franchise agreements are required to have
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| differently, sometimes forbidding the
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| | a clause that requires dispute
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| practice or restricting its use to
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| | resolution. Mediation in this field is
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| centralized authorities. Some cultures
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| | working because it can identify
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| regarded the mediator as a sacred figure,
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| | alternatives for the parties and then the
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| worthy of particular respect; and the
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| | parties can work together to solve the
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| role partly overlapped with that of
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| | dispute. For this type of mediation there
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| traditional wise men.
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| | are more formal procedures such as who
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| Mediation and conciliation
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| | ever wishes to initiate the mediation is
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| There has been much debate on the
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| | required to advise the respondent in
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| distinction between conciliation and
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| | writing outlining the nature of the
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| mediation and there is still no universal
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| | dispute and they will then have three
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| agreement. Conciliation is sometimes used
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| | weeks to agree to a method of resolving
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| as an umbrella term that covers all
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| | the dispute otherwise they may go to
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| mediation and facilitative and advisory
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| | mediation.
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| dispute resolution processes. Sometimes
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