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February 26, 2010
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Mediation Terms and Definitions

 

 

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.

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.

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.

Binding
A legally enforceable decision or agreement resulting from a dispute resolution process.

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.

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

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.

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

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.

If you decide to retain a mediator in Missouri and want begin the Missouri mediation process, contact one of our experienced Missouri 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 Missouri and nationwide:

American With Disabilities Act Mediation Highlights
The ADA Mediation Pro-gram is a Department sponsored initiative intended to resolve ADA complaints in an efficient manner. Mediation cases are init...
Read more >


Equal Employment Opportunity (EEO)
To file a complaint, you must contact an EEO Counselor within 45 days of the alleged discriminatory action (or within 45 days of the date on which ...
Read more >


Enter TitleThe United States Bankruptcy Court for the Eastern District of New York Announces the Creation of a Mediation Program
The Honorable Conrad B. Duberstein, Chief Judge of the United States Bankruptcy Court for the Eastern District of New York, announced that the Judg...
Read more >


More Mediation News >

 
 

Mediation Lawyers.com Terms

 


Today's Terms

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.

Collaborative Problem Solving

Definition:
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.

Conciliation

Definition:
This term has significantly different definitions depending upon the context. It refers to substantially different processes in federal and state statutes pertaining to the Equal Employment Opportunity Commission (EEOC), domestic relations court, and public employee collective bargaining procedures.

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 >

Missouri Mediation Attorney

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

  • Arnold
  • Ballwin
  • Belton
  • Blue Springs
  • Cape Girardeau
  • Chesterfield
  • Columbia
  • Fenton
  • Florissant
  • Grandview
  • Independence
  • Jefferson City
  • Joplin
  • Kansas City
  • Lebanon
  • Liberty
  • O Fallon
  • Poplar Bluff
  • Rolla
  • Saint Charles
  • Saint Louis
  • Saint Peters
  • Sedalia
  • Sikeston
  • Springfield
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