Term
|
Definition
| A neutral third party who assists the disputing parties to reach their own agreement. Mediators are not empowered to make a decision nor press for a particular outcome. |
|
|
Term
| ADVANTAGES OF MEDIATION AS COMPARED TO ADJUDICATION |
|
Definition
Faster and cheaper (efficiency)
Flexible and informal
Leads to greater participant satisfaction (psychological ownership)
Leads to higher compliance rates of agreements (durability)
Helps to preserve the parties’ relationship (empowering process)
Preserves parties’ capacities to prevent and/or resolve future disputes (conflict management and prevention)
Offers more comprehensive agreements and creative solutions |
|
|
Term
| DISADVANTAGES OF MEDIATION AS COMPARED TO ADJUDICATION |
|
Definition
Cannot guarantee a settlement
Enforceability concerns
Viewed as private contract
Cannot create a legal precedent
Legal precedent needed for legal reform
Many not protect the disempowered
2nd class justice argument; “lesser forum”
Cannot provide public vindication or reprimand
Danger of hiding issues that should be public |
|
|
Term
|
Definition
| Individual meetings held between the mediator and a disputant during a mediation |
|
|
Term
|
Definition
| A document written by the mediator that memorializes an agreement worked out in mediation |
|
|
Term
|
Definition
| Third party neutral who provides procedural assistance to group participants to enhance information exchange, improve communication, and/or promote effective problem-solving and decision making. |
|
|
Term
|
Definition
| The psychological component of dispute resolution where a neutral third party attempts to create an atmosphere of trust and cooperation that is conducive to effective negotiation. |
|
|
Term
|
Definition
Focus is on the parties’ legal entitlements
Result is a non-binding opinion about merits of case
Caucus is used almost exclusively
Evaluative style |
|
|
Term
|
Definition
Focus is on reconciling the parties’ underlying interests
Mediator does not offer any opinion on merits of case
Caucuses used sparingly if at all
Facilitative and Transformative styles |
|
|
Term
|
Definition
The mediator helps the parties to resolve a dispute by making a neutral evaluation of the merits of the case
The main goal is settlement
Mediator has subject area expertise
Appropriate when:
An on-going relationship is not involved
A quick resolution is needed
Parties are at impasses due to differing methods of case evaluation |
|
|
Term
|
Definition
The mediator focuses on facilitating effective negotiation between the disputants with the goal of helping them reach their own agreement.
The main goal is meeting each party’s legitimate interests through collaborative problem-solving.
Mediator is the process expert.
Appropriate when:
An on-going relationship is involved
When parties need help communicating effectively
When the problem is more of a dispute than a conflict |
|
|
Term
|
Definition
The mediator focuses on healing the relationship between the parties rather than simply settling their dispute.
The main goal is empowerment of the parties along with their recognition of each other’s perspective.
Mediator supports the parties in their efforts to reach understanding; the parties are in control of the process.
Appropriate when:
Parties need to establish an improved and respectful relationship on a sustained basis
Parties want to learn effective ways to communicate
Parties want to resolve the root cause of their conflict and transform their relationship |
|
|
Term
|
Definition
Catalyst
Provide forum
Educator
Resource person
Translator
Scapegoat
Bearer of bad news
Reality agent |
|
|
Term
|
Definition
Education parties
Structuring process
Improving communication
Handling emotions
Maintaining motivation
Framing issues
Listening |
|
|
