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Mediation Travel, travel, tourist information and reservation service

Mediation, as used in law, is a form of alternative dispute resolution (ADR), is a way of resolving disputes between two or more parties. A third party, the mediator, assists the parties to negotiate their own settlement (facilitative mediation). In some cases, mediators may express a view on what might be a fair or reasonable settlement, generally where all the parties agree that the mediator may do so (evaluative mediation).

Mediation has a structure, timetable and dynamics that "ordinary" negotiation lacks. The process is private and confidential. The presence of a mediator is the key distinguishing feature of the process. There may be no obligation to go to mediation, but in some cases, any settlement agreement signed by the parties to a dispute will be binding on them. Views on the efficiency of mediation vary, but in some jurisdictions, senior members of the judiciary (judges in the Supreme Court) favour the use of mediation.SSRN 1599420

Mediators use various techniques to open, or improve, dialogue between disputants, aiming to help the parties reach an agreement (with concrete effects) on the disputed matter. Much depends on the mediator’s skill and training. The mediator must be wholly impartial. Disputants may use mediation in a variety of disputes, such as commercial, legal, diplomatic, workplace, community and family matters. A third-party representative may contract and mediate between (say) unions and corporations. When a workers’ union goes on strike, a dispute takes place, the parties may agree to a third party to settle a contract or agreement between the union and the corporation.

Mediation as a process involves a third party (often an impartial third party) assisting two or more persons, ("parties" or "stakeholders") to find mutually-agreeable solutions to difficult problems.

People make use of mediation at many different levels and in multiple contexts: from minor disputes to global peace-talks. This makes it difficult to provide a general description without referring to practices in specific jurisdictions — where "mediation" may in fact have a formal definition and in some venues may require specific licenses. This article attempts only a broad introduction, referring to more specific processes (such as peace process, binding arbitration, or mindful mediation) directly in the text.

While some people loosely use the term "mediation" to mean any instance in which a third party helps people find agreement, professional mediators generally believe it essential that mediators have thorough training, competency, and continuing education. The term "mediation" also sometimes occurs incorrectly referring to arbitration; a mediator does not impose a solution on the parties, whereas an arbitrator does.

While mediation implies bringing disputing parties face-to-face with each other, the strategy of "shuttle diplomacy", where the mediator serves as a liaison between disputing parties, also sometimes occurs as an alternative.

Some of the types of disputes or decision-making that often go to mediation include the following:

Family:

  • Prenuptial/Premarital agreements
  • Financial or budget disagreements
  • Separation
  • Divorce
  • Financial distribution and spousal support (alimony)
  • Parenting plans (child custody and visitation)
  • Eldercare issues
  • Family businesses
  • Adult sibling conflicts
  • Disputes between parents and adult children
  • Estate disputes
  • Medical ethics and end-of-life issues

Workplace:

Public disputes:

  • Environmental
  • Land-use

Disputes involving the following issues:

Other:

Mediation commonly includes the following aspects or stages:

  • a controversy, dispute or difference of positions between people, or a need for decision-making or problem-solving
  • decision-making remaining with the parties rather than imposed by a third party
  • the willingness of the parties to negotiate a "positive" solution to their problem, and to accept a discussion about respective interests and objectives
  • the intent to achieve a "positive" result through the facilitative help of an independent, neutral third person

In the United States, mediator codes-of-conduct emphasize "client-directed" solutions rather than those imposed by a mediator in any way. This has become a common, definitive feature of mediation in the US and in the UK.

Mediation differs from most other adversarial resolution processes by virtue of its simplicity, informality, flexibility, and economy.

The typical mediation has no formal compulsory elements, although some common elements usually occur:

  • each of the parties allowed to explain and detail their story;
  • the identification of issues (usually facilitated by the mediator);
  • the clarification and detailed specification of respective interests and objectives;
  • the conversion of respective subjective evaluations into more objective values;
  • identification of options;
  • discussion and analysis of the possible effects of various solutions;
  • the adjustment and the refining of the proposed solutions;
  • the memorialization of agreements into a written draft

Due to the particular character of this activity, each mediator uses a method of his or her own (the law does not ordinarily govern a mediator’s methods), that might eventually differ markedly from the above scheme. Also, many matters do not legally require a particular form for the final agreement, while others expressly require a precisely determined form.

Most countries respect a mediator’s confidentiality.

Mediation as a process involves a third party (often an impartial third party) assisting two or more persons, ("parties" or "stakeholders") to find mutually-agreeable solutions to difficult problems.

People make use of mediation at many different levels and in multiple contexts: from minor disputes to global peace-talks. This makes it difficult to provide a general description without referring to practices in specific jurisdictions — where "mediation" may in fact have a formal definition and in some venues may require specific licenses. This article attempts only a broad introduction, referring to more specific processes (such as peace process, binding arbitration, or mindful mediation) directly in the text.

While some people loosely use the term "mediation" to mean any instance in which a third party helps people find agreement, professional mediators generally believe it essential that mediators have thorough training, competency, and continuing education. The term "mediation" also sometimes occurs incorrectly referring to arbitration; a mediator does not impose a solution on the parties, whereas an arbitrator does.

While mediation implies bringing disputing parties face-to-face with each other, the strategy of "shuttle diplomacy", where the mediator serves as a liaison between disputing parties, also sometimes occurs as an alternative.

Travel is movement of people between relatively distant geographical locations for any purpose and any duration, with or without any means of transport. Travel also includes relatively short stays between successive movements. Movements between locations requiring only a few minutes are not considered as travel.

Purpose of travel include recreation or tourism, research travel for the gathering of information, for holiday to visit people, volunteer travel for charity or, migration to begin life somewhere else, religious pilgrimages and mission trips, for business trade or commuting, and other reasons, such as to obtain health care or fleeing war. Travel may occur by human-powered transport such as walking or bicycling, or with vehicles, such as public transport, automobiles, trains and airplanes.

Motives to travel include relaxation, discovery and exploration, interpersonal relationships and getting to know other cultures. Travel may be local, regional, national (domestic) or international. In some countries, non-local internal travel may require an internal passport, while international travel typically requires a passport and visa. A trip may also be part of a round trip, which is a particular type of travel whereby a person moves from their usual residence to one or several locations and returns.

Ao Thong Nai Pan beach in Koh Phangan, Thailand.
19th Century English tourists in the Roman Campagna, painting by Carl Spitzweg.

Tourism is travel for recreational, leisure or business purposes. The World Tourism Organization defines tourists as people who "travel to and stay in places outside their usual environment for more than twenty-four (24) hours and not more than one consecutive year for leisure, business and other purposes not related to the exercise of an activity remunerated from within the place visited."

Tourism has become a popular global leisure activity. In 2008, there were over 922 million international tourist arrivals, with a growth of 1.9% as compared to 2007. International tourism receipts grew to US$944 billion (euro 642 billion) in 2008, corresponding to an increase in real terms of 1.8%.

As a result of the late-2000s recession, international travel demand suffered a strong slowdown beginning in June 2008, with growth in international tourism arrivals worldwide falling to 2% during the boreal summer months.

This negative trend intensified during 2009, exacerbated in some countries due to the outbreak of the H1N1 influenza virus, resulting in a worldwide decline of 4% in 2009 to 880 million international tourists arrivals, and an estimated 6% decline in international tourism receipts.

Tourism is vital for many countries, such as Egypt, Greece, Lebanon, Spain, Malaysia and Thailand, and many island nations, such as The Bahamas, Fiji, Maldives, Philippines and the Seychelles, due to the large intake of money for businesses with their goods and services and the opportunity for employment in the service industries associated with tourism. These service industries include transportation services, such as airlines, cruise ships and taxicabs, hospitality services, such as accommodations, including hotels and resorts, and entertainment venues, such as amusement parks, casinos, shopping malls, music venues and theatres.




















 




From Wikipedia, the free encyclopedia : Mediation Travel, travel, tourist information and reservation service
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