The glossary of mediation

A collective term for methods of resolving disputes outside of traditional court litigation, including mediation, arbitration, and negotiation.

A form of alternative dispute resolution where an impartial third party (arbitrator) makes a binding decision after hearing arguments and evidence from both sides.

A formal contract signed by all parties agreeing to participate in mediation and outlining the terms and conditions of the mediation process.

A form of arbitration where the decision made by the arbitrator is final and legally enforceable, with limited grounds for appeal.

The most advantageous alternative course of action a party can take if negotiations fail and an agreement cannot be reached.

A private meeting between the mediator and one party during mediation, used to explore issues, interests, and settlement options confidentially.

A process similar to mediation where a neutral third party helps disputing parties reach a voluntary agreement, often taking a more active role in proposing solutions.

A legal contract ensuring that information disclosed during mediation or dispute resolution remains private and cannot be used in subsequent legal proceedings.

The process of resolving a dispute or disagreement between two or more parties through various methods including negotiation, mediation, or arbitration.

The process of resolving conflicts between parties through various methods, including negotiation, mediation, arbitration, or litigation.

The pre-trial phase in litigation where parties exchange information and evidence relevant to the case.

A process where an impartial expert provides an early assessment of the merits of a case to help parties understand their positions and facilitate settlement.

The legal ability to compel compliance with an agreement or court order through legal mechanisms.

A process where a neutral party helps groups communicate effectively and reach decisions, often used in multi-party disputes or organizational conflicts.

A form of arbitration where each party submits their final offer and the arbitrator must choose one without modification.

An honest intention to act without taking unfair advantage of another person, required in mediation and negotiation processes.

A formal complaint or concern raised by an individual or group regarding a perceived wrong or injustice.

A deadlock in negotiations where parties cannot reach agreement despite good faith efforts.

The quality of being unbiased and fair, essential for mediators and arbitrators in dispute resolution.

A negotiation approach focusing on underlying interests and needs rather than fixed positions, promoting collaborative problem-solving.

A mediation meeting where all parties and the mediator meet together to discuss issues and work toward resolution.

The legal authority of a court or tribunal to hear and decide a case.

A voluntary process where a neutral third party (mediator) facilitates communication between disputing parties to help them reach a mutually acceptable agreement.

An impartial third party trained to facilitate communication and negotiation between disputing parties without imposing a solution.

A written document outlining the terms of agreement reached during mediation, which may or may not be legally binding.

A dialogue between parties aimed at reaching a mutually beneficial agreement or resolving a dispute.

An impartial third party who assists in dispute resolution without favoring any side.

A form of arbitration where the decision is advisory and parties are not legally required to accept it.

The use of technology and digital platforms to facilitate dispute resolution processes, including online mediation and arbitration.

The initial presentation by each party in mediation or arbitration outlining their perspective on the dispute.

An individual or organization involved in a dispute or legal proceeding.

A negotiation approach where parties take fixed positions and make concessions to reach agreement.

A preliminary meeting before formal mediation to discuss procedures, set ground rules, and prepare parties for the process.

A mediation technique where the mediator helps parties evaluate the strengths and weaknesses of their positions and alternatives.

A formal written agreement documenting the terms parties have agreed to for resolving their dispute.

An agreement reached between disputing parties that resolves their conflict without going to trial.

A meeting facilitated by a judge or neutral party to encourage parties to settle their dispute before trial.

A mediation technique where the mediator moves between parties in separate rooms to facilitate negotiation.

An impartial person who assists parties in resolving disputes, including mediators, arbitrators, and facilitators.

A mediation approach focused on empowering parties and fostering mutual recognition rather than solely reaching settlement.

Mediation where parties choose to participate of their own free will, without court mandate or contractual obligation.

A legal term indicating that settlement discussions cannot be used as evidence in court if negotiations fail.