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Glossary
| If you do not find your term listed here, please contact us or
refer to an online glossary or dictionary. |
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| agreement: |
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a contract duly executed and legally binding between the parties or a resolution between the parties that is
binding |
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| arbitration: |
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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. *, **** |
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| binding: |
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imposing a legal obligation. parties forego their right to a trial
*, **** |
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| caucus: |
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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. ** |
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| deposition |
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sworn testimony of a party in a
question-answer format. |
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| discovery |
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depositions and/or exchange of documents |
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| joint
session: |
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Where the parties discuss the
preliminary issues and answer questions the mediator may have,
and often, questions from the other parties. ** |
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| litigation: |
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a judicial process where parties
engage in a lawsuit to resolve their dispute * |
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| mediation: |
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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 |
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| non-binding: |
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parties maintain their right to a trial |
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| reality
testing: |
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To bring an objective perspective.
For example, differentiating cases and verdicts, discussing
strengths and weaknesses, and helping the parties find a
middle ground. ** |
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| reframing: |
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restating what has been said in
different words |
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| tort: |
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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.*** |
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*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 |
