Summary

Mediation, in a broad sense, comprises an act of bringing two sides or parties closer or together. Mediation consists of a process of alternative dispute resolution, or ADR in which a neutral third party, the mediator, using appropriate techniques, assists two or more parties to help them negotiate an agreement, with concrete effects, on a matter of common interest. More generally speaking, the term "mediation" covers any activity in which an impartial, professional third party facilitates an agreement on any matter in the common interest of the parties involved.

History of Mediation

The activity of mediation in itself appeared in very ancient times. Historians presume early cases in Phoenician commerce (but suppose its use in Babylon, too). The practice developed in Ancient Greece (which knew the non-marital mediator as a proxenetas), then in Roman civilization, (Roman law (starting from Justinian's Digest of 530 - 533) recognized mediation. The Romans called mediators by a variety of names, including internuncios, medium, intercessor, philantropus, interpolator, conciliator, interlocutor, interpres, and finally mediator.

The Middle Ages regarded mediation differently, sometimes forbidding the practice or restricting its use to centralized authorities. Some cultures regarded the mediator as a sacred figure, worthy of particular respect; and the role partly overlapped with that of traditional wise men.

People make use of mediation at all levels and in all contexts, from minor disputes to global peace talks. This makes it difficult to provide a general description without referring to practices in specific jurisdictions - where 'mediation' may in fact have a formal definition and in some venues may require specific licenses.

While some people loosely use the term 'mediation' to mean any instance in which a third party helps people find agreement, professional mediators generally believe it essential that mediators have thorough training, competency, and continuing education.