Mediation is an alternative dispute resolution (ADR) process whereby a neutral third party (the mediator) assists disputing parties, individuals, companies, business to business, business to consumer, anybody in dispute with another individual or entity; to negotiate a mutual agreement which is acceptable to all involved in the dispute.

What Is Alternative Dispute Resolution?

Alternative dispute resolution, or dispute resolution is the umbrella term for a set of processes which avoid having to go through the civil litigation, or employment tribunal process. The main processes are;

  • Arbitration.
  • Arb Med.
  • Adjudication.
  • Coaching.
  • Conciliation.
  • Early Neutral Evaluation.
  • Expert Determination.
  • Med Arb.
  • Mediation.
  • Mini Trial.

Mediation History

Mediation has been used since Biblical times. Several cultures, religions and jurisdictions have recognised the benefits of mediation and have been utilising it for centuries. It eventually evolved into a recognised and institutionalised method for resolving disputes in modern societies. Becoming an integral part of the litigation process.

Ancient Times

Early civilizations, mediation has roots in ancient civilisations such as Mesopotamia (Iraq), Egypt, and China, where the community, village leaders or elders acted as neutral intermediaries to resolve disputes within and between communities.

In ancient China, Confucian principles, (a belief system and philosophy that originated in ancient China and was based on the teachings of Confucius, a philosopher who lived from 551 to 479 B.C.E), emphasized harmony and resolving conflicts through consensus, making mediation a key part of governance and social life.

Classical Greece and Rome

In Greece and Rome, they practiced informal mediation as part of their legal systems. In Athens, disputes were often settled through arbitration or informal negotiation facilitated by respected citizens.

Indigenous Cultures

Indigenous societies worldwide have long used forms of mediation. Tribal elders or councils often played the role of mediators, aiming to restore harmony within the community rather than punishing wrongdoers.

Middle Ages

During the Middle Ages in Europe, mediation was frequently used in religious, commercial, and political contexts. The Catholic Church often mediated disputes between monarchs or kingdoms.

Trade organizations like the Hanseatic League and guilds used mediation to resolve commercial conflicts, fostering economic stability. The Hanseatic League was a medieval commercial and defensive network of merchant guilds and market towns in Central and Northern Europe. Growing from a few North German towns in the late 12th century.

Early Modern Period

As trade expanded globally, the 16th and 17th centuries saw an increased reliance on commercial mediation to handle cross-border disputes, particularly in maritime (shipping) and commercial matters.

Diplomatic mediation, especially in the late 17th & early 18th centuries saw European powers employ mediators to resolve conflicts without resorting to war, laying the groundwork for modern international mediation.

19th And Early 20th Centuries

International mediation, mediation became a formalised tool in diplomacy, particularly after the establishment of the HagueConferences (1899 and 1907), which emphasised peaceful resolution of conflicts through mediation and arbitration.

In the late 19th century, labour disputes, regarded as a disagreement between workers and employers over terms of employment industrialized nations began using mediation to address labour disputes, particularly in the United States and Europe, where strikes and worker unrest were common.

Modern Era (Post-World War II)

The rise of ADR, the post-WWII era saw a growing dissatisfaction with formal court systems due to their cost, complexity, and adversarial nature, leading to the rise of mediation as an effective ADR tool.

Institutionalization

Key player organisations such as the United Nations and the International Court of Justice incorporated mediation into their dispute resolution frameworks. Countries like the United States established community mediation centers and court-connected mediation programs in the 1960s and 1970s.

Workplace And Family Mediation

Workplace mediation became a popular method for resolving workplace disputes, family mediation for divorces, and custody cases, emphasizing confidentiality and mutual agreement.

21st Century Developments

Mediation has continued to evolve with the adoption of technology (e.g., online mediation dispute resolution platforms) and greater international cooperation. Fields like environmental disputes, human rights, and restorative justice have increasingly turned to mediation.

In 2019, the Singapore Convention on Mediation was adopted by the United Nations, providing a framework for enforcing mediated settlement agreements across borders, further legitimizing mediation as a global tool for conflict resolution.

Mediation has proven to be a versatile and enduring method for resolving disputes, adapting to cultural and societal changes while maintaining its core focus on dialogue, understanding, and agreement.