Mediation Terms and Definitions

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. 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. 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. 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. 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. Conflict Management A philosophy and set of skills designed to assist people in better understanding and dealing with conflict as it arises in all aspects of our lives. 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. Co-mediation Mediation process in which there are two mediators who simultaneously or jointly conduct the process. Used in cases where mediators with different areas of expertise would be useful, when there are multiple parties involved, and/or to model cooperation and gender/ethnicity balance.

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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