Myriam Seers Sep 4, 2022:

@ Phil To quote you from a moment ago elsewhere, "mediation hearing" makes no sense in context! There is no point debating it further since I've said what I have to say, but I can tell you that I have been a disputes lawyer for 15 years, that I work in several jurisdictions, and that I have also acted as mediator, so it's not like I'm weighing in on stuff I don't have expertise in. You will note the complete absence of my opinions on most topics that are not legal, for example. I know what my expertise is, and isn't.
All that said, you're right that there are some hits for "mediation hearing", and many hits for "mediation", and many hits for "judicial mediation". All I can offer here is my perspective as a professional with many years of experience in dispute resolution and in translation, as to how I would translate it so it would make sense to disputes lawyers and courts, and that is what I have done to the best of my ability here. Going to go off and do something different, have a great day, everyone!

Toni Castano Sep 4, 2022:

@Myriam Muchas gracias, y reitero mis disculpas. Saludos.

Myriam Seers Sep 4, 2022:

@ Toni Muchas gracias, ¡y no te preocupes en absoluto! Sólo estaba confusa. Que tengas un buen día, de Canadá a España :)

Myriam Seers Sep 4, 2022:

More sources on judicial mediations in divorce California:
Judicial Mediation Order
Contact the Civil Department at (805)706-3600. Have your case number ready and tell the clerk you need to schedule a Judicial Mediation. Judicial Mediation can only be requested in court, must be ordered by the judge, and is only allowed for unlimited cases. If your case number starts with an LC you’ll need to contact a private mediator.
https://www.slo.courts.ca.gov/divisions/civil/mediation-appo...

Illinois:
https://www.aboutrsi.org/court-adr-across-illinois/programs/...

Australia:
As of 1 January 2019, parties to a family law dispute and their marriage lawyer, in appropriate cases, may now have the option of Judicial Mediation in the Federal Circuit Court of Australia. Judicial Mediation is not intended to replace or substitute private mediation. Rather, the court expects that parties to a family law dispute exhaust all mediation alternatives, such as private mediation with a private mediator, prior to Judicial Mediation.
https://www.matthewsfolbigg.com.au/uncategorized/judicial-me...

There are so many sources confirming. Just Google it. This is what it's called.

María Gómez Carranza Sep 4, 2022:

Instead of "Regional Unions" it would be best to state "Regional units of alternative dispute resolution mechanisms"

Myriam Seers Sep 4, 2022:

More sources on judicial mediations in divorce California:
Judicial Mediation Order
Contact the Civil Department at (805)706-3600. Have your case number ready and tell the clerk you need to schedule a Judicial Mediation. Judicial Mediation can only be requested in court, must be ordered by the judge, and is only allowed for unlimited cases. If your case number starts with an LC you’ll need to contact a private mediator.
https://www.slo.courts.ca.gov/divisions/civil/mediation-appo...

Illinois:
https://www.aboutrsi.org/court-adr-across-illinois/programs/...

Australia:
As of 1 January 2019, parties to a family law dispute and their marriage lawyer, in appropriate cases, may now have the option of Judicial Mediation in the Federal Circuit Court of Australia. Judicial Mediation is not intended to replace or substitute private mediation. Rather, the court expects that parties to a family law dispute exhaust all mediation alternatives, such as private mediation with a private mediator, prior to Judicial Mediation.
https://www.matthewsfolbigg.com.au/uncategorized/judicial-me...

There are so many sources confirming. Just Google it. This is what it's called.

Toni Castano Sep 4, 2022:

@Myriam Please accept my apologies. There is no room to reply in the answer box, so I shall do it here. Your reply is correct, so my assessment of your contribution is wrong. The point at issue here is that a judge is certainly involved in the mediation process (as per the reference I posted). You do not say the opposite in your suggestion, not at all, so it is my obligation to rectify and beg your pardon. I believe Adrian´s answer fits here like a glove, but yours is NOT wrong.
Again: I regret my mistake (and my "neutral" assessment will be removed, certainly).
Regards from Spain to Canada.

Myriam Seers Sep 4, 2022:

More sources on judicial mediations in divorce California:
Judicial Mediation Order
Contact the Civil Department at (805)706-3600. Have your case number ready and tell the clerk you need to schedule a Judicial Mediation. Judicial Mediation can only be requested in court, must be ordered by the judge, and is only allowed for unlimited cases. If your case number starts with an LC you’ll need to contact a private mediator.
https://www.slo.courts.ca.gov/divisions/civil/mediation-appo...

Illinois:
https://www.aboutrsi.org/court-adr-across-illinois/programs/...

Australia:
As of 1 January 2019, parties to a family law dispute and their marriage lawyer, in appropriate cases, may now have the option of Judicial Mediation in the Federal Circuit Court of Australia. Judicial Mediation is not intended to replace or substitute private mediation. Rather, the court expects that parties to a family law dispute exhaust all mediation alternatives, such as private mediation with a private mediator, prior to Judicial Mediation.
https://www.matthewsfolbigg.com.au/uncategorized/judicial-me...

There are so many sources confirming. Just Google it. This is what it's called.

Myriam Seers Sep 4, 2022:

@ Toni Thanks for providing a source. Here is the description of what a "junta de avenimiento" is in Mexico:
"La participación cara a cara del juez con las parejas se lleva a cabo en la llamada junta de avenimiento. Esta reunión representa la última fase del proceso de divorcio y en la cual todavía existe la posibilidad de que ocurra la manifestación de desacuerdos. Cuando una pareja manifiesta que no desea divorciarse, el juez acepta dicha decisión y el procedimiento queda cancelado. En la junta de avenimiento, el juez tiene la obligación de tratar de hacer desistir a la pareja del divorcio. El discurso persuasivo del juez está constituido principalmente por una serie de cuestionamientos y el señalamiento de consecuencias que van a enfrentar los hijos con el divorcio."
That is a judicial mediation.
For example:
https://www.gov.uk/government/publications/judicial-mediatio...
Judicial mediation is an opportunity to meet with a judge who will assist the parties in trying to resolve their dispute.

Toni Castano Sep 4, 2022:

@Yolanda Thank you very much. You can see here how important it is to provide the full context to be efficient in our effort to help.
1) Be careful with your source, which contains plenty of serious mistakes. As I posted before, the right term is "avenimiento", not "avenamiento" (which also exists, but with a totally different meaning).
2) In view of the full context provided now, Adrian´s suggestion is totally accurate.

Best of luck with your translation (and be careful!).

yolanda Speece (asker) Sep 4, 2022:

YES TONI I am translating a MEXICAN Text....

Toni Castano Sep 4, 2022:

@Yolanda Could you please confirm you are translating a Mexican text? Thank you.

Toni Castano Sep 4, 2022:

@Yolanda, colleagues Is it possible that nobody has realized yet that "avenamiento" is the wrong word here? It is not "avenAmiento" what this query is actually about, but "avenImiento" (derived from the verb "avenirse", to come to an understanding).

https://dle.rae.es/avenimiento?m=form
avenimiento
1. m. Acción y efecto de avenir o avenirse.
Working on the best answer...
Yolanda, take due note.

Myriam Seers Sep 4, 2022:

@ Adrian I wasn't localizing for Canada. Look at my links: they are called "judicial mediations" in the US and UK as well. Mediation does indeed pluralize. One mediation, two mediations, three mediations, etc. I'll post links (forgive me for insisting, but I am a disputes lawyer, and I have participated in mediations and also conducted them as mediator for more than a decade). It doesn't dodge the "juntas" bullet at all, because a mediation is by definition a meeting, but if you insist on keeping it, it would be a "mediation session" or a "judicial mediation session". I agree that case management conference or pre-trial conference could be used as well, but those are broader in scope as they usually also include pre-trial procedural planning, not just a mediation component.
Check out my links for support that "judicial mediation" is what one calls a mediation conducted by a judge in various parts of the English-speaking world.
https://www.gov.uk/guidance/a-guide-to-civil-mediation
How long does mediation take?
Both sides may come to an agreement in just a couple of hours or it might take more than one session over a longer period. However, the majority of civil mediations are concluded

Myriam Seers Sep 4, 2022:

@ Adrian I wasn't localizing for Canada. Look at my links: they are called "judicial mediations" in the US and UK as well. Mediation does indeed pluralize. One mediation, two mediations, three mediations, etc. I'll post links (forgive me for insisting, but I am a disputes lawyer, and I have participated in mediations and also conducted them as mediator for more than a decade). It doesn't dodge the "juntas" bullet at all, because a mediation is by definition a meeting, but if you insist on keeping it, it would be a "mediation session" or a "judicial mediation session". I agree that case management conference or pre-trial conference could be used as well, but those are broader in scope as they usually also include pre-trial procedural planning, not just a mediation component.
Check out my links for support that "judicial mediation" is what one calls a mediation conducted by a judge in various parts of the English-speaking world.
https://www.gov.uk/guidance/a-guide-to-civil-mediation
How long does mediation take?
Both sides may come to an agreement in just a couple of hours or it might take more than one session over a longer period. However, the majority of civil mediations are concluded

Myriam Seers Sep 4, 2022:

Judicial mediation See my comment on Adrian's proposed translation below. I agree, but perhaps without the "hearing" part. In Canada at least, we speak of "mediations", not "mediation hearings", because they are a consensual process. If before a judge, you can call it a "judicial mediation".
https://www.ontariocourts.ca/coa/about-the-court/archives/re...
https://ciaj-icaj.ca/en/2018/12/17/judicial-mediation-in-can...

I've found references to this term in connection with the UK as well:
https://www.lawsociety.org.uk/topics/employment/judicial-med...
https://assets.publishing.service.gov.uk/government/uploads/...

And the US:
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3135620
https://scholars.law.unlv.edu/cgi/viewcontent.cgi?referer=&h...

philgoddard Sep 4, 2022:

You need to do a bit more work on your translation. It contains several errors and isn't easy to understand. Also, you should take out all the capital letters except the one at the beginning of the sentence.

I think "en los" should read "y los".