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February 26, 2010
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Mediation Terms and Definitions

 

 

Facilitator
A person competent in the use of dispute resolution who provides a neutral's services to groups (usually more than two) involved in a dispute or conflict.

Ombudsman, Ombuds, Ombudsperson
A third party neutral that researches complaints and suggests or implements solutions on behalf of a recognized authority. Most often on behalf of a single organization.

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.

Conflict
A broad term regarding an interaction between people with differing interests which are perceived as incompatible. Derived from the Latin conflictus, meaning "to strike together." Conflict is often inevitable, but constructive outcomes from conflict are frequently possible.

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.

Facilitation
A collaborative process involving the use of a neutral third party (facilitator) to design and oversee a group process. Facilitation is used to help a group reach a goal or complete a task to the mutual satisfaction of participants.

Settlement Week
A court and bar sponsored mediation awareness program in which volunteer mediators assist litigants and attorneys in exploring ADR opportunities for settling civil cases. Many courts in Ohio hold settlement weeks.

Caucus
A private meeting or series of meetings that take place in concert with a dispute resolution process. Can include a meeting between the neutral third party and each of the interested parties separately.

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.

Dispute Resolution (DR)
A studied approach or procedural framework that analyzes the means by which disputes are handled within an organization.

If you decide to retain a mediator in Texas and want begin the Texas mediation process, contact one of our experienced Texas mediation attorneys today!

 

 
Did You Know?    
 
 
Mediation is a process that involves a mediator
Neutral third party who helps the disputing parties achieve a resolution that satisfies both of them. The mediator's primary function is to create constructive communication between parties and provide a forum where disputants can create a mutually satisfactory agreement. Mediators do not impose decisions; instead, they help people craft solutions that will work for them.

 


  Newsroom  
 


News about Mediation cases in Texas and nationwide:

Mediation, Northwest Airlines and Flight Attendants
a status conference concerning their ongoing mediation case with officials of Northwest Airlines and the Association of Flight Attendants. While deta...
Read more >


Court of Appeal to Launch Mediation Program for Civil Cases
Sacramento - The Court of Appeal, Third Appellate District, will offer a mediation program to parties in civil cases that the court finds suitable ...
Read more >


Employers Recount Workplace Benefits Of EEOC Mediation
The U.S. Equal Employment Opportunity Commission (EEOC)  held a public meeting to examine its National Mediation Program, the workplace benefi...
Read more >


More Mediation News >

 
 

Mediation Lawyers.com Terms

 


Today's Terms

Assessment

Definition:
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.

Mediation-Arbitration (Med-Arb)

Definition:
A hybrid of mediation and arbitration (see definitions) that relies on a neutral who functions both as a mediator and an arbitrator.

Consensus

Definition:
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.

More Mediation Lawyers.com Terms >

 

 Mediation Resources

 


Search Mediation resources in our resource center:

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Mediation Hot Topics

 
Topics Related to Mediation:

  • Contracts
  • Leases
  • Small Business Ownership
  • Employment
  • Divorce

More Mediation Topics >

Texas Mediation Attorney

 
If you live in the following cities and need an Mediation attorney you should contact our Mediation Attorney as soon as possible:

  • Alvin
  • Amarillo
  • Arlington
  • Austin
  • Baytown
  • Brownsville
  • Burleson
  • Carrollton
  • College Station
  • Cypress
  • Dallas
  • Del Rio
  • Desoto
  • Eagle Pass
  • Edinburg
  • El Paso
  • Flower Mound
  • Fort Worth
  • Friendswood
  • Garland
  • Grand Prairie
  • Grapevine
  • Harlingen
  • Houston
  • Irving
  • Katy
  • Laredo
  • League City
  • Lewisville
  • Mcallen
  • Mesquite
  • Mission
  • New Braunfels
  • North Richland Hills
  • Palestine
  • Pasadena
  • Pharr
  • Plano
  • Richardson
  • Richmond
  • Round Rock
  • San Antonio
  • San Benito
  • San Marcos
  • Seguin
  • Spring
  • Sugar Land
  • Victoria
  • Weslaco
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