ASVN, LLC.

"Since a dispute prevents the involved parties to have a serene exchange, mediation aims at having a guided discussion to be able to avoid a confrontation (i.e. law of retaliation or law of the strongest). . .

Mediation couldn’t exist without recognizing the decision-making capabilities of individuals that will be accompanied in order to get out of conflicts and difficult situations.

The Law comes from the idea that individuals should be constrained and forced to behave well; while mediation emerges from the idea that individuals are able at any time to master them. The law system comes from the suspicion and mistrust of leaders towards individuals, while mediation develops trust. It's only during the twentieth century that first books about mediation have been published. More and more books are printed but sometimes are contradictory with each other.

However, all of them are focused to enhance and strengthen the individual potential of decision-making. In the business and company areas, we can observe training sessions on delegation for four or five decades. Formation sessions on personal development, whose beginnings have been often therapeutic, have also greatly contributed to develop the recognition of individual. . .

Mediation aims at strengthening contractual freedom. It accompanies the willingness of the parties in order to reach a new agreement following a previous agreement which is disputed. This previous agreement could be tacit (or considered as such by one of the parties) like the Social Contract or obsolete. Mediation gives to the parties in conflict the means to review their problematic situation, to think back about it and to seek the best possible solution to reach an agreement.

Therefore, mediation enables quality of communication considering a relationship between parties at the present time; unlike the legal system that focuses on the past and conceptions of rights and obligations which tie or divide."

📜credit: http://en.wikimediation.org/index.php?title=History_of_mediation
📸credit:

Welcome to this week's historical tidbit from ASVN, LLC! Knowing that mediation has existed in one form or another and has been in practice throughout human history goes to show the usefulness and fine-tuning that has gone into the process in today's mediation.

Mediation has played a role in humanity from Greek mythology to actual practice in ancient Greece for millennia. While not all of our history is something to be celebrated - we can still learn from it, and should.

"Greek mythology has long provided fascinating stories of conflicts between the Gods and how those conflicts in turn influenced the Earthly life of humans. . . Indeed, the practice of mediation was first developed in ancient Greece concomitant with a
philosophical movement that encouraged individuals to think about their relationships with others and themselves.1
This movement advocated the responsibility of the individual through the control of one’s passions . . . 2" {1-3}

"Mediation is deeply rooted in Greek tradition: In antiquity, Greek free citizens deployed educated slaves (therapes) to assist them in negotiations by conveying confidential offers and counter-offers between them." {4}

📸 credit: https://www.theoi.com/Olympios/JudgementParis.html #:~:text=Zeus%20was%20asked%20to%20mediate,offering%20him%20gifts%20for%20favour.
📜credit 1: Annalisa Gutierrez http://www.americanjournalofmediation.com/docs/ANALISA%20GUTIERREZ%20-%20The%20Seasons%20of%20ADR%20-%20A%20Study%20of%20Mediation%20Tactics%20.%20.pdf
📜credit 2: (1) Jean-Louis Lascoux, History of Mediation, WIKIMEDIATION,
http://en.wikimediation.org/index.php?title=History_of_mediation (last visited Oct. 18. 2011).
📜credit 3: (2 )Id. http://en.wikimediation.org/index.php?title=History_of_mediation (citing The Republic, Book IV, Plato).
📜credit 4: https://weinsteininternational.org/greece/ #:~:text=Mediation%20is%20deeply%20rooted%20in,and%20counter%2Doffers%20between%20them.