Mediation

“ The closer the relations between states become, the more their commercial interests are intertwined, the larger the part which mediation seems destined to play. It is true that states which have accepted the intervention of a mediator remain free to adopt or reject any advice he may give, but the advice of a disinterested power must always add considerable moral weight to the side towards which it inclines. ”

“ As that Mediator is himself God, the merit of his mediation is sufficient for the salvation of all them that believe.
The office of a Mediator supposes two parties at variance, between whom he interposes to produce a reconciliation. It is thus “between God and man.” God gave man a law, “holy, and just, and good;” man revolted, and “there is wrath.” Reconciliation is impossible, without the intervention of a mediator. Let us look at the parties engaged in this dreadful controversy.
On one side we see Jehovah, possessed of infinite perfections, and clothed with uncreated excellence and glory. ”

“ Now a Mediator is not a mediator of one, but God is one.—The very idea of mediation supposes two persons at least, between whom the mediation is carried on. The law then is of the nature of a contract between two parties—God on the one hand, and the Jewish people on the other. ”

“ To offer to-day our friendly mediation is not only to expose ourselves to a refusal, and perhaps so exasperate one of the parties as to push it to more violent measures, but to diminish the chances of our mediation being accepted at a more favorable moment. ”

“ We do not know that A is a thief because we distrust him. We might, indeed, be tempted to view the Immediate as 'grounded upon' the Mediate. For the proof of A's guilt has converted our feeling into a reasoned distrust; the movement of mediation has ended in the grounding of the Immediate. ”

“ It may therefore be said, that in the nature of things such mediation, the interposition of such an official Person, is necessary; and accordingly the agency of the Mediator in those relations is presupposed, assumed, or expressly recognized, throughout the Scriptures.
In this system, the moral government which is administered by the Mediator is founded on the perfections, prerogatives and rights of the Deity as manifested by him in the works of creation, providence and grace, and applies to creatures in the relations which they sustain to him. ”

“ The interposition of a man of known probity and worth often saves the thoughtless or the guilty from punishment. Mediation is seen in a thousand forms in the arrangements of social life; and the common sense of all mankind approves of it. ”

“ In regard to the legal duty of conflicting States to ask for good offices or mediation, it is obvious that, although literally such duty is agreed upon, the condition "as far as circumstances allow" makes it more or less illusory, as it is in the discretion of the parties to judge for themselves whether or not the circumstances of the special case allow their having recourse to good offices and mediation. ”

“ All that we have, wisdom and the pardon of sin, deliverance from hell, acceptance in God’s favor, grace and holiness, true comfort and happiness, eternal life and glory, we have from God by a Mediator; and this Mediator is God, which Mediator we have an absolute dependence upon as he through whom we receive all. So that here is another way wherein we have our dependence on God for all good. God not only gives us the Mediator, and accepts his mediation, and of his power and grace bestows the things purchased by the Mediator, but he is the Mediator. ”

“ We do not admit good offices and mediation except on condition that their character of purely friendly counsel is maintained fully and completely, and we never could accept them in forms and circumstances such as to impress upon them the character of intervention. ”

“ In consultations under this Article, a consulting Party may request another consulting Party to make available personnel of its government agencies or other regulatory bodies who have expertise in the matter subject to consultations.
8. Consultations shall be confidential and without prejudice to the rights of any Party in any further proceedings.
Article 28.6: Good Offices, Conciliation and Mediation 1. Parties may at any time agree to voluntarily undertake an alternative method of dispute resolution such as good offices, conciliation or mediation. ”

“ Martens, in the dissertation which is prefixed to his collection of treaties, distinguishing between mediation and good offices, lays it down expressly, that a nation may accept the good offices of another after rejecting her mediation. ”

“ Good offices is the name for such acts of friendly Powers interfering in a conflict between two other States as tend to call negotiations into existence for the peaceable settlement of the conflict, and mediation is the name for the direct conduct on the part of a friendly Power of such negotiations. ”

“ No matter how hard the Citizens' Committees, Boards of Arbitration, of Conciliation and of Mediation, with their so-called impartial members try to convince the world that it is possible to bring the warring classes into closer relations, their attempts are doomed to failure. ”

“ All the efforts of the mediator may often, of course, be useless, the differing parties being unable or unwilling to consent to an agreement. But if an understanding is arrived at, the position of the mediator as a party to the negotiation, although not a participator in the difference, frequently becomes clearly apparent either by the drafting of a special act of mediation which is signed by the States at variance and the mediator, or by the fact that in the convention between the conflicting States, which stipulates the terms of their understanding, the mediator is mentioned. ”

“ Whether the imposition of judicial review on top of the Mediation Board's administrative determination would strengthen that protection is a considerable question. [2] All constitutional questions aside, it is for Congress to determine how the rights which it creates shall be enforced. ”

“ And further, could they have had the need of a mediator, who was to act as a propitiation for the violation of this law, which it would appear from the circumstances was destined to be broken; or could the eternal increase and perpetuity of man have been continued, and his high exaltation to the Godhead been accomplished, without the propitiatory atonement and sacrifice of the Son of God?"—Mediation and Atonement, Pres. ”

“ If the Commission is of the opinion that any complaint by an individual against an organisation may more appropriately be resolved by mediation, the Commission may, with the consent of the complainant and the organisation, refer the matter for mediation. ”

“ In hearing the complaint, the mediation officer shall use every and all reasonable means to ascertain the facts in each complaint speedily and objectively without regard to strict rules of evidence prevailing in suits before courts. ”

“ Amicable in contradistinction to compulsive settlement of Differences.
§ 3. Political and legal differences can be settled either by amicable or by compulsive means. There [Pg 5] are four kinds of amicable means—namely, negotiation between the parties, good offices of third parties, mediation, and arbitration. [2] And there are also four kinds of compulsive means—namely, retorsion, reprisals (including embargo) , blockade, and intervention of third States. ”

“ The book is illustrated with diagrams and sketches accompanying the text and folding maps are provided in a pocket at the end.
BARNETT, GEORGE ERNEST, and MCCABE, DAVID ALOYSIUS. Mediation, investigation, and arbitration in industrial disputes. *$1.25 (6c) Appleton 331.1 16-23810
“The book is based on a study of the activities of the American national and state agencies of mediation and arbitration. The elements of weakness in the present system are analyzed, and the necessary conditions for the successful working of such systems are set forth. ”

“ An intervention, for instance, takes place when, although two States in conflict have made up their minds to fight it out in war, a third State dictatorially requests them to settle their dispute through arbitration.
[54] See above, vol. I. §§ 134-138. [Pg 55]
Intervention, in the form of dictatorial interference, must, further, be distinguished from such efforts of a State as are directed to induce the States in conflict to settle their difference amicably by proffering its good offices or mediation, or by giving friendly advice. ”

“ Amendments to Labour Relations Ordinance (Cap. 55)
8. Section 2 amended (interpretation)
(1) Section 2, definition of conciliation—
Repeal “ (調解) ” Substitute “ (調停) ”. (2) Section 2—
(a) Definition of conciliation officer— Repeal “ (調解員) ” Substitute “ (調停員) ”; (b) Definition of mediator— Repeal “ (調停員) ” Substitute “ (調解員) ”. ”

“ The functions of the mediator are at an end when once it is declared, either by one of the parties to the dispute or by the mediator himself, that the means of reconciliation proposed by him are not accepted. ”

“ The tribunal that was expected to be a tyrant has proved to be a mediator. There are hardly any limits to its powers; but it is as conciliatory as it is powerful, and it leaves no stone unturned to bring parties together without the intervention of the law. ”

“ Is it then the Mediator's law, whose office it is to preach glad tidings, and the day of salvation? Sure then it needs be dreadful to no man. For if he wound, he shall heal, and he comes to bind up the broken hearted. Ye may look on the command and curse as messengers sent by mercy, to prepare you, and make his way straight before his face. The end of the law is not to condemn you, to stop your mouth, and make you guilty. That is not the last work it is appointed for, but the Mediator hath another end, to bring you to the righteousness of faith, to save you without yourselves. ”

“ Having made us, he may do what he pleases with us, as the potter with the clay; yet he does not take advantage of this, but draws us with the cords of a man. 2. He does not determine our everlasting condition by the covenant of innocency, nor take the advantage he has against us for the violation of that covenant. The Mediator having undertaken to make a vicarious satisfaction, the matter is referred to him, and God is willing to enter upon a new treaty; not under the law of the Creator, but the grace of the Redeemer. ”

“ Good offices can also consist in advice, in submitting a proposal of one of the parties to the other, and the like, but they never take part in the negotiations themselves. On the other hand, the mediator is the middleman who does take part in the negotiations. ”

“ If the parties agree beforehand to abide by the award of the third party, the mode of settlement is described as “arbitration.” If there be no such agreement, but the offices of the mediator are used to promote an amicable arrangement between the parties themselves, the process is described as “conciliation.” The third party may be one or more disinterested individuals, or a joint-board representative of the parties or of other bodies or persons. ”

“ But that iniquity, which, if it should be committed, I promise to prosecute severely, with however much trouble and danger to myself, and whatever enmities I may bring on myself by so doing, you, O Marcus Glabrio, can guard against ever taking place by your wisdom, and authority, and diligence. Do you undertake the cause of the tribunals. Do you undertake the cause of impartiality, of integrity, of good faith and religion. ”

“ The same disposition to reasonableness, to conciliation, to recognition of the other side's point of view, the same provision of fair and recognized tribunals and processes, ought to make it possible to solve the one set of questions its easily as the other. ”

“ Other relations in life, as, e.g., those of trustee and beneficiary, or principal and surety, impose a duty to act in accordance with the highest standards which a man of the most delicate conscience and the nicest sense of honor might impose upon himself. In such cases, to enforce adherence to those standards becomes the duty of the judge. Whether novel situations are to be brought within one class of relations or within the other must be determined, as they arise, by considerations of analogy, of convenience, of fitness, and of justice. ”

“ But, when all internal measures of conciliation have been trodden under foot, and the authorities, who ought to check it and protect us from these cruel outrages, are only occupied in daily fomenting the discord between us and our subjects; though a forlorn hope, what other hope is there of safety? ”

“ And it is fortunate for the peace and justice of society, that neither party to any contract, whether public or private, can decide conclusively the question of fulfilment by the other, but must always act under subjection to the ultimate decision, in case of controversy, of an impartial arbiter, provided in the judicial tribunals of civilized communities. ”

“ A tribunal, for example, must be impartial, because it is bound to award, without regard to any other consideration, a disputed object to the one of two parties who has the right to it. There are other cases in which impartiality means, being solely influenced by desert; as with those who, in the capacity of judges, preceptors, or parents, administer reward and punishment as such. ”

“ Discussion conducted under that standard of good faith may narrow the issues, making the real demands of the parties clearer to each other, and perhaps to themselves, and may encourage an attitude of settlement through give and take. ”

“ It was requisite that the Mediator should be man, that he might advance our nature, perform obedience to the law, suffer and make intercession for us in our nature, have a fellow feeling of our infirmities; that we might receive the adoption of sons, and have comfort and access with boldness unto the throne of grace. ”