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