mediation
mee-dee-AY-shun
/ˌmiː.diˈeɪ.ʃən/
A process in which an independent, neutral third party helps disputing parties reach an amicable agreement.
Mediation is voluntary and non-binding, focusing on compromise, unlike arbitration or litigation where a third party imposes a decision.
The story behind the word. Mediation comes from the Latin 'mediare', meaning 'to halve' or 'to be in the middle', which derives from 'medius' (middle). A mediator literally stands in the middle of two opposing sides to help them meet halfway.
Word relationships
- conciliation: Conciliation is very similar but often involves the third party taking a more active role in proposing solutions, whereas a mediator guides the parties to find their own.
- negotiation: Negotiation occurs directly between the parties or their lawyers without a neutral third party.
- litigation: Litigation is the process of taking a dispute to a public court of law for a judge to decide.
Commonly confused with
- arbitration: In mediation, the mediator helps the parties agree; in arbitration, the arbitrator acts like a private judge and makes the final decision.
Word family
- mediate (verb): To act as a mediator or bring about an agreement.
- mediator (noun): A neutral third party who facilitates mediation.
Collocations
- court-ordered mediation
- family mediation
- go to mediation
- mediation process
Example sentences
- "Rather than enduring a bitter trial, the couple opted for mediation to divide their assets." A family law dispute resolved out of court.
- "The court often mandates mediation in custody disputes to encourage cooperative parenting plans." A professional description of legal processes.
Memory hook
A mediator goes to the 'medium' or 'middle' ground to help people agree. Mediation = Middle ground.
When not to use
Do not confuse mediation with arbitration (where the third party makes a binding decision) or litigation (court trial).
Fun facts
- Mediation has ancient roots; in ancient Greece, the 'mediator' (known as a mesites) was highly respected for keeping community peace without resorting to harsh trials.
Related words
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