Mediation Terms and Definitions

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. 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. Mediation Process in which a third party neutral facilitates communications and negotiations among parties to find a mutually acceptable resolution of a dispute. Reconciliation Though not a formalized term, it describes steps taken to heal or improve relationships that have been damaged by a conflict. 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. 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. Binding A legally enforceable decision or agreement resulting from a dispute resolution process. 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. 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. Consensus 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.

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

	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