Mediation Definitions

Memorandum of agreement

A document written by the mediator that memorializes an agreement worked out in mediation

Mediation

A form of negotiation in which the disputants negotiate in the presence of a neutral third party who assists them in negotiating a resolution of their dispute.

Mediator

A neutral third party who assists the disputing parties to reach their own agreement. Mediators are not empowered to make a decision nor press for a particular outcome.

Functions of a mediator

Catalyst. Provide forum. Educator. Resource person. Translator. Scapegoat. Bearer of bad news. Reality agent.

Tactics of a mediator

Education parties. Structuring process. Improving communication. Handling emotions. Maintaining motivation. Framing issues. Listening.

Interest based mediation

Focus is on reconciling the parties' underlying interests. Mediator does not offer any opinion on merits of case. Caucuses used sparingly if at all. Facilitative and Transformative styles

Rights based mediation

Focus is on the parties' legal entitlements. Result is a non-binding opinion about merits of case. Caucus is used almost exclusively. Evaluative style.

Caucus

Individual meetings held between the mediator and a disputant during a mediation

Non-contingent moves

Interventions a mediator initiates in all disputes.

Contingent moves

Interventions made in response to unique problems that occur in some disputes

Grievance Mediation:

Mediation used to resolve union grievances in an organized labor setting.

Facilitative Mediation

The main goal is meeting each party's legitimate interests through collaborative problem-solving. On-going relationship is involved. When parties need help communicating effectively. When the problem is more of a dispute than a conflict.

Evaluative Mediation

The main goal is settlement, quick resolution is needed, there is no on-going relationship.

Transformative Mediation

The mediator focuses on healing the relationship between the parties rather than simply settling their dispute. The main goal is empowerment of the parties along with their recognition of each other's perspective. Mediator supports the parties in their efforts to reach understanding; the parties are in control of the process.

Conciliation

The psychological component of dispute resolution where a neutral third party attempts to create an atmosphere of trust and cooperation that is conducive to effective negotiation. Efforts by a third party neutral to improve the relationship between the disputants by improving communication, reducing mistrust and building positive perceptions.

Facilitation:

Third party neutral who provides procedural assistance to group participants to enhance information exchange, improve communication, and/or promote effective problem-solving and decision making. Third party neutral who designs and organizes a dispute resolution process for conflicts involving large numbers of people or groups, and numerous or complex issues.

Distributive justice

concern with whether the substantive outcome is fair based on equity, equality or need.

Impartiality

refers to freedom from bias in either word or action towards the parties and/or the outcome during the mediation.

Procedural justice

refers to the fairness of the process used to reach the outcome.

Neutrality

refers to the relationship that the mediator has with the parties and the issue; that nothing in his or her background will bias the mediator. Lack of favoritism toward the subject matter in dispute.