By: Mark Gruber, J.D., L.L.M.
HISTORICAL BACKGROUND OF MEDIATION
Mediation has its origins in ancient times. Mediation was utilized in Phoenicia and Babylon to resolve commerce issues. The ancient Greeks called mediators proxenetas. The origins of mediation can be traced to Roman Law as early as 530 A.D. Romans had other names for mediators, including intemuncius, medium, intercessor, philantropus, interpolator, conciliator, interlocutor, interpres, and eventually mediator. Mediation is a form of Alternative Dispute Resolution (ADR). See Wikipedia, the Free Encyclopedia, History of Dispute Mediation, http://en.wikipedia.org. The general definition of mediation is the process whereby a neutral person facilitates the resolution of a dispute between two parties. When the mediator has a specialized knowledge such as in the area of divorce, the process historically has been referred to as conciliation. Conciliators, utilizing their expertise of the matter in dispute, can make suggestions for settlement terms and give advice on the subject matter. In that sense, the conciliator acts as an advisor and mediator. For purposes of this chapter, the term mediator will apply to the neutral third person who acts in the mediation or conciliation process.