1. A method of nonbinding dispute resolution involving a neutral third party who tries to help the disputing parties reach a mutually agreeable solution; CONCILIATION.
— Also termed case evaluation; facilitated negotiation. [Cases: Arbitration 1–47. C.J.S. Arbitration §§ 2–90, 92–93, 107, 109–110, 179–188; Architects§ 25.]
2. Int’l law. A process whereby a neutral country helps other countries peacefully resolve disputes between them. Cf. ARBITRATION. — mediate (mee-dee-ayt), vb. — mediatory (mee-dee-[schwa]-tor-ee), adj.
“The distinction between mediation and conciliation is widely debated among those interested in ADR, arbitration, and international diplomacy. Some suggest that conciliation is ‘a nonbinding arbitration,’ whereas mediation is merely ‘assisted negotiation.’ Others put it this way: conciliation involves a third party’s trying to bring together disputing parties to help them reconcile their differences, whereas mediation goes further by allowing the third party to suggest terms on which the dispute might be resolved. Still others reject these attempts at differentiation and contend that there is no consensus about what the two words mean — that they are generally interchangeable. Though a distinction would be convenient, those who argue that usage indicates a broad synonymy are most accurate.” Bryan A. Garner, A Dictionary of Modern Legal Usage 554 (2d ed. 1995).
