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