Mediation Terms and Definitions

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. Third Party (Neutral) A term used to describe an impartial person, group, or organization that assists disputing parties in reaching a resolution. Mediators, arbitrators, facilitators, and conciliators are all considered third party neutrals. 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. Fact-finding Usually used in relation to negotiation, mediation, or arbitration of complex disputes. This is a process by which facts relevant to a dispute are determined. These can be ascertained by a neutral fact-finder, a joint fact-finding effort involving the cooperation of disputing parties, reliance upon the data of independent sources, or a mixture of these. Dispute Resolution (DR) A studied approach or procedural framework that analyzes the means by which disputes are handled within an organization. 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. 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. Reconciliation Though not a formalized term, it describes steps taken to heal or improve relationships that have been damaged by a conflict. Mediation Process in which a third party neutral facilitates communications and negotiations among parties to find a mutually acceptable resolution of a dispute. Confidentiality Provides that information shared during the course of a dispute resolution process is deemed private and is not to be revealed to anyone outside of the process.

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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