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Natural Social Contract Annotations

Mediation - Avoiding a Trial

The reader will only be able to understand the purpose and meaning of this annotation and its relationship to the Natural Social Contract (NSC), if s/he has first read the Introduction section of the NSC and its explanatory and elucidating annotation.

My definition of Mediation is a little unorthodox in that it only refers to the time after the laying of Charges and before the Determination of a Trial. Attempts to reach agreement and resolve the situation which occur before the formal Process of laying Charges are strongly encouraged willing Actions (not under Duress - the Equity Relationship is still Intact) that are not dealt with by the NSC. The advantages of Mediation are that there is no costly Trial and the Disputants gain the positive Social Preferencing that will accrue to their higher degree of cooperation than if they went to Trial. However, all details of the Settlement by Mediation are still Required to be Published. Better still, of course, would be an agreement on Restitution and an admission of Guilt even before formal Charges are made, since then there is no formal Plaintiff and Defendant Status and nothing about the situation (not yet technically a Dispute) need be published (although it still can be and perhaps always should be if those Involved truly wish to facilitate optimally informed and liquid Social InterActions. Such a Process taking place before Plaintiff and Defendant Status, could still involve a third party to aid the Process, but would not be formally known as Mediation as defined in the NSC. Finally, it is important to emphasize that a Mediation solution remains a possibility at any point in time before a Trial reaches a Determination.