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What is Mediation Law?

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  • Written By: Patrick Roland
  • Edited By: A. Joseph
  • Last Modified Date: 19 July 2018
  • Copyright Protected:
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    Conjecture Corporation
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Mediation is a form of conflict resolution resembling a negotiation but with one key difference. What separates these two forms of dispute resolution are the mediation law that make it an impartial form of debate. The most significant element to these laws is the presence of a mediator and the structure of the mediation discussions. Mediation laws generally are similar but can differ from country to country.

Mediation law has been an element of conflict solving from as far back as ancient Greek times. Historians have traced this technique and generally believe that the process has not changed much. The basis of mediation law is having an impartial third party, known as a mediator, involved when two parties cannot agree on a resolution. In modern times, this is used in things such as business deals, custody disputes and injury settlements.

In all mediation law, the mediator carries the responsibility of impartially solving the dispute. One legal requirement for this position is that the mediator must not have any personal or professional connection to either party in the discussions. Any connection might jeopardize the mediator's ability to reach an unbiased decision. Another common law is mediator training, because it is required by most countries and constitutes the largest area of difference in mediation law.

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For example, in the United States, there are many graduate-level college courses on the techniques, theories and communication skills necessary to be a mediator. Many mediation governing boards will require such a background for anyone who professionally arbitrates disputes. In Australia, on the other hand, a mediator needs only to attend a series of classes and supervision before he or she is deemed fit enough to act as an impartial third party. Every country utilizes an individualized set of laws that govern mediation, but there is a movement among countries such as England, Ukraine, China and others to have the one group train all mediators in that country.

Past the training stage, mediation law evens out around the world. In some cases, an agreed-upon mediation decision eliminates either party from seeking legal restitution. In other situations, the parties have that freedom if certain circumstances are met. In most situations, if a decision is not agreed upon in a mediation session, both parties are fully free to pursue other legal avenues of resolution, such as lawsuits.

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