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Haw Mediation Works 19 <br />The last component of the definition refers to mediation <br />as a voluntary process. Voluntary refers to freely chosen par- <br />ticipation and freely chosen settlement. Parties are not forced <br />to negotiate, mediate, or settle by either an internal or external <br />party to a dispute. Stulberg (1981b, pp. 88-89) notes that <br />"there is no legal liability to any party refusing to participate in <br />a mediation process.... Since a mediator has no authority uni- <br />laterally to impose a decision on the parties, he cannot threaten <br />the recalcitrant party with a judgement." <br />Voluntary participation does not, however, mean that <br />there may not be pressure to try mediation. Other disputants or <br />external forces, such as judges or constituents, may put signifi- <br />cant pressure on a party to try negotiation and mediation. Some <br />courts in family and civil cases have even gone so far as to order <br />that parties try mediation as a means of resolving their dispute <br />before the court hears the case, Attempting mediation does not, <br />however, mean that the participants are forced to settle. <br />Arenas of Mediation <br />Mediation has a long history. The Bible refers to Jesus as <br />a mediator between God and man: "For there is one God, and <br />one mediator between God and man, the man Christ Jesus; who <br />gave himself as ransom for all, to be testified in due time" (I <br />Timothy 2:5-6). Churches and clergy have often been media- <br />tors between their members or other disputants. Until the <br />Renaissance, the Catholic church in Western Europe was prob- <br />ably the central mediation and conflict management organiza- <br />tion in Western society. Clergy mediated family disputes, crim- <br />inal cases, and diplomatic disputes among the nobility. Bianchi <br />(1978), in describing one mediated case in the Middle Ages, de= <br />tails how the church and the clergy provided the sanctuary <br />where the offender stayed during dispute resolution and served <br />as intermediary between two families in a case involving rape. <br />The families agreed to settle with monetary restitution to the <br />woman's family and promises to help her find a husband. <br />Jewish rabbinical courts and rabbis in Europe were vital <br />in mediating or adjudicating disputes among members of that <br />