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Mediation is a process of
alternative dispute resolution in which a neutral
third party, the mediator, assists two or more
parties to help them negotiate an agreement, with
concrete effects, on a matter of common interest;
lato sensu is any activity in which an agreement on
any matter is researched by an impartial third
party, usually a professional, in the common
interest of the parties involved.
Mediation applies to different fields, with some
common peculiar elements and some differences, for
each of its specialties. The main fields of
mediation are commerce, legal dispute and diplomacy,
but forms of mediation can be found in other fields
as well. Mediation in marriage is technically
admitted in the category, although it follows its
own peculiar history since the times of ancient
Greeks.
The activity in itself is indeed very ancient,
presumably started with Phoenician commerce (but its
use is supposed in Babylon, too), and developed in
Greece (where the mediator is called proxenetas -
not in the sense of marriage mediator), then in
Roman civilization, where mediation is recognised in
Roman law starting from Justinian's Digest. In Rome
the mediator was called with a variety of names,
including internuncius, medium, intercessor,
philantropus, interpolator, conciliator,
interlocutor, interpres, and finally mediator.
During the Middle Ages, mediation was considered
differently, sometimes forbidden, or its practice
restricted to centralized authorities. In some
cultures, it was instead a sacred figure, tributed a
particular respect, partly coincident with that of
traditional wise men.
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