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February 27, 2010
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Mediation Terms and Definitions

 

 

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.

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.

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.

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.

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.

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.

Policy Dialogue
Informal discussion of public policy issues incorporating many different interested parties. This process usually clarifies key issues, and increases understanding between groups that are often publicly opposed to one another

Mediation-Arbitration (Med-Arb)
A hybrid of mediation and arbitration (see definitions) that relies on a neutral who functions both as a mediator and an arbitrator.

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

Reconciliation
Though not a formalized term, it describes steps taken to heal or improve relationships that have been damaged by a conflict.

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 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.

 


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News about Mediation cases in Idaho and nationwide:

General Counsel Of The Federal Labor Relations Authority And Federal Service Impasses Panel
The regulations contained in this subchapter are intended to implement the provisions of section 7119 of title 5 and, where applicable, sectio...
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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...
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Symposium Introduces Methods for Resolving Conflict
Mediation focuses on problem solving, not on assessing blame

BATTLE CREEK, Mich. --  "The beauty of this process is that inst...

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Mediation Lawyers.com Terms

 


Today's Terms

Alternative (or Appropriate) Dispute Resolution (ADR)

Definition:
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

Definition:
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.

Mediation

Definition:
Process in which a third party neutral facilitates communications and negotiations among parties to find a mutually acceptable resolution of a dispute.

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 >

Idaho Mediation Attorney

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

  • Blackfoot
  • Boise
  • Burley
  • Caldwell
  • Coeur D Alene
  • Eagle
  • Hayden
  • Idaho Falls
  • Jerome
  • Lewiston
  • Meridian
  • Moscow
  • Mountain Home
  • Nampa
  • Pocatello
  • Post Falls
  • Rexburg
  • Sandpoint
  • Twin Falls
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