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mitigation

mit-i-GAY-shuhn /ˌmɪt.ɪˈɡeɪ.ʃən/

nounC1GREGMATTOEFL

legalformal

The action of reducing the severity, seriousness, or painfulness of something; in law, a request to reduce a penalty based on extenuating circumstances.

In traffic court, a mitigation hearing is an admission of the infraction, but with an explanation (e.g., 'I was speeding because of a medical emergency') in hopes of a reduced fine.

The story behind the word. Mitigation comes from the Latin 'mitigare', which literally means 'to make mild'. It is built from 'mitis' (soft or gentle) and 'agere' (to make). When you ask for mitigation in court, you are literally asking the judge to 'soften' the blow of the law and make the penalty more gentle.

Word relationships

extenuation: Extenuation refers specifically to the circumstances that make an offense less severe, while mitigation is the actual reduction of the penalty itself.
alleviation: Alleviation is used for physical suffering or general problems, whereas mitigation is the preferred legal term for reducing penalties.

aggravation: Aggravation refers to circumstances that make an offense more serious or increase the penalty.

Commonly confused with

litigation: Litigation is the process of taking legal action (a lawsuit), while mitigation is the process of reducing a penalty.

Word family

mitigate (verb): To make less severe, serious, or painful.

Collocations

mitigation hearing
factors in mitigation
seek mitigation
mitigation of damages

Example sentences

"She presented her clean driving record in mitigation, hoping the judge would reduce the hefty fine." A driver explaining their situation to a judge.
"A mitigation hearing is ideal for drivers who know they broke the law but have a compelling explanation for their behavior." A legal guide on traffic court options.

Memory hook

Think of 'mitigating' as putting 'mittens' on the cold, harsh hands of justice so they don't hurt as much. Mitigation makes the punishment mild.

When not to use

Do not use if you are claiming complete innocence; mitigation requires admitting that the violation occurred.

Fun facts

In some courts, attending a defensive driving school is accepted as a form of mitigation, resulting in a reduced fine and no points on your license.