Glossary

If you do not find your term listed here, please contact us or refer to an online glossary or dictionary.

agreement:

a contract duly executed and legally binding between the parties or a resolution between the parties that is binding

arbitration:

Webster says "the hearing and determination of a case in controversy by a person or persons chosen by the parties or appointed under statutory authority. The arbitration may be agreed to by the parties, may be required by a provision in a contract for settling disputes, or may be provided for under statute. *, ****

binding:

imposing a legal obligation. parties forego their right to a trial *, ****

caucus:

a private meeting between the mediator and one party to explore new options, to clarify proposals, to allow the parties to cool down, to gather facts for the mediator's use, or to give the parties a break from negotiations. **

deposition:

sworn testimony of a party in a question-answer format.

discovery:

depositions and/or exchange of documents

joint session:

Where the parties discuss the preliminary issues and answer questions the mediator may have, and often, questions from the other parties. **

litigation:

a judicial process where parties engage in a lawsuit to resolve their dispute *

mediation:

the attempt to settle a legal dispute through active participation of a third party (mediator) who works to find points of agreement and make those in conflict agree on a fair result. Mediation differs from arbitration, in which the third party (arbitrator) acts much like a judge in an out-of-court, less formal setting but does not actively participate in the discussion

non-binding:

parties maintain their right to a trial

reality testing:

To bring an objective perspective. For example, differentiating cases and verdicts, discussing strengths and weaknesses, and helping the parties find a middle ground. **

reframing:

restating what has been said in different words

tort:

a civil wrong or wrongful act, whether intentional or accidental, from which injury occurs to another. Examples include products liability, medical malpractice, exposure to chemicals.***

*Cited from Webster.

**Cited from Alternatives to Litigation: Mediation, Arbitration, and the Art of Dispute Resolution.

***Cited from Law.com Dictionary

****Cited from Lawyers.com Dictionary

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