Mediation Terms and Definitions

Collaborative Problem Solving Process by which people work together to define a problem, generate options, and identify objective criteria to reach a decision. It can, but doesn't necessarily, include the aid of a third party. Arbitration Process in which a neutral third party (arbitrator) hears arguments from disputants, then issues a decision. Whether court-annexed or private, this process tends to be more formal and judicial than other ADR processes, but less formal than a court procedure. Consensus method of seeking the resolution of a multiple-party conflict or dispute, relying upon equal participation of all parties. The end goal is to develop an agreement, usually without voting, that all of the participants can live with. Assessment An impartial analysis of a conflict situation conducted with an eye towards determining potential paths by which parties may reach a resolution of their conflict. Reconciliation Though not a formalized term, it describes steps taken to heal or improve relationships that have been damaged by a conflict. Mediation-Arbitration (Med-Arb) A hybrid of mediation and arbitration (see definitions) that relies on a neutral who functions both as a mediator and an arbitrator. Dispute System Design A studied approach or procedural framework that analyzes the means by which disputes are handled within an organization. Appropriate dispute resolution processes are then instituted to handle the specific types of issues that arise in an organization. Negotiation Process where parties directly exchange ideas, views, promises, and problems surrounding a dispute. Positional bargaining tends to focus on demands, and counter-demands of disputing parties, sometimes leading to a bargaining process where parties trade concessions and demands. Alternative (or Appropriate) Dispute Resolution (ADR) Used narrowly to refer to a set of alternatives to litigation including mediation, arbitration, and summary jury trials. Used broadly it refers to all methods which resolve conflicts between parties by a means other than an adversarial or judicial process. Conciliation This term has significantly different definitions depending upon the context. It refers to substantially different processes in federal and state statutes pertaining to the Equal Employment Opportunity Commission (EEOC), domestic relations court, and public employee collective bargaining procedures.

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	Did You Know?
	Mediation has many qualities that make it appealing. In most cases, mediation is: conciliatory fair quick inexpensive voluntary confidential Mediation also has several key benefits. It promotes: greater participant control customized agreements workable decisions mutually satisfactory outcomes improved relationships high rates of compliance decisions that hold up over time