a process in which a disinterested third person, the mediator, assists a divorcing couple in reaching an agreement regarding their divorce. The mediator is usually, but not necessarily, someone trained in mediation. The mediator is not an advocate for either spouse and should not take sides. If an agreement is reached through the use of a mediator, each spouse may still want to have a lawyer review the agreement.
A private negotiation and decision-making process in which a mediator assists individuals or groups in finding a resolution to a particular issue or conflict.
is where an impartial third party helps people who have disputes to reach an agreement between themselves.
A method of resolving simple contract disputes by having both parties submit to settlement recommended by an agreed upon neutral mediator who does not have the power to execute a settlement.
An attempt to settle a legal dispute through active participation of a third party (mediator) who works to find points of agreement and help those in conflict agree on a fair result. Mediation may occur at any time during a dependency case from the decision about where a child will live, to what will be in the case plan, to making a permanency decision. The court must approve the decision the parties have reached if the child had been adjudicated dependent.
is a voluntary process in which parents and school personnel use an impartial mediator to assist in resolving their differences.
A voluntary process in which the parties to a futurse-related dispute work with a neutral third party to find a mutually acceptable solution.
"A without prejudice non-binding dispute resolution process in which an independent third party ("neutral") assists the parties to settle their difference but does not advise them of his own opinion as to the issues and merits of the disputes". Note; "Conciliation" and "Mediation" are often used interchangeably and indiscriminately.
an informal means by which parties to a dispute use a mediator to resolve the disagreement
A nonjudicial process to resolve disputes where a third party acts as a facilitator to aid the parties in reaching an agreement.
Neutral intervention by Human Rescources in a dispute between employees or an employee and management for the purpose of bringing about an equitable compromise.
A process in which a neutral person or persons facilitate communication between disputants to assist them in reaching a mutually acceptable settlement. (Compare arbitration, neutral evaluation.)
a formal intervention between parents and a school system to resolve disputes
Process by which a neutral third party intervenes between two or more contending parties in order to settle the dispute between the parties without going to court.
A proceeding involving a disinterested party who hears a dispute and recommends a resolution.
A form of alternate dispute resolution where a neutral third party acts as an intermediary assisting disputants to settle their dispute.
a process that allows two parties with a discrepancy to come to an agreement for resolution
Dispute resolution technique in which parties to a dispute reach a voluntary settlement with the help of a skilled facilitator.
This is the process of having a trained person try to help parents and the school system reach an agreement.
An informal, voluntary process in which The Alberta New Home Warranty Program acts as a facilitator to help the Purchaser or Homeowner and the Developer/Builder get together in the case of a dispute so that the issues can be identified, along with any misunderstandings or miscommunications, and so that both parties may reach agreement on a solution.
The use of a third party to help parents and schools resolve their differences in providing services to students. The third party should be knowledgeable in all aspects of Special Education.
The use of a mediator to help reach a settlement in a dispute. Mediation differs from arbitration in that a mediator will not come down on one side or the other and make an award. The aim of mediation is to persuade the parties to reach agreement and not to impose a ruling that has to be obeyed. Some County Courts now operate mediation schemes, which can be very effective and may avoid the expense of solicitors. See also ADR.
A term used by mythographers who, like Claude Levi-Strauss, regard myth as a symbolic mode of problem-solving. Such analysts foreground sets of conflicts (known as "binary oppositions") which are reconciled or mediated symbolically in the course of the myth. Antithetical pairs such as male and female are synthesized by some means of reconciliation, such as marriage and propagation, as in the story of Adam and Eve.
An informal, voluntary process intended to resolve conflicts, without resorting to arbitration or litigation, by using an impartial third party.
Process in which a third party neutral facilitates communications and negotiations among parties to find a mutually acceptable resolution of a dispute. Although often considered a faciltative process, in some forms of mediation, the third party neutral may engage in evaluative tasks, such as helping parties assess likely outcomes and exploring the strengths and weaknesses of the arguments presented.
the intervention into a dispute or negotiation of an acceptable, impartial, and "neutral" third party who has no decision-making authority but who will assist contending parties to negotiate voluntarily an acceptable settlement of issues in dispute.
A structured dispute resolution process in which a person with no interest in the outcome of the conflict assists the disputants in reaching a negotiated settlement of their differences. The mediation process is generally voluntary and aims at a signed agreement defining the future behavior of the disputants. A mediator helps parties communicate, negotiate. and reach agreements and settlements but is not empowered to render a decision. The process may be mandatory or encouraged by the courts, particularly in divorce and custody matters, civil, and minor criminal cases.
An alternative form of dispute resolution over issues arising in the wake of separation or divorce. Comprehensive mediation covers problems over both the children and finances; other mediation (or conciliation) services may deal with child related disputes alone. Mediation may be offered by lawyer mediators or family mediators alone or both together.
A problem solving process to work towards a solution with a mediator.(mother, and, father, and children, with them, those who work, just, friendly/peacefully, with it, extending out, reason for it, meeting conducted, between them, disagreement/argument, when there is one)(with one another, reason for, one does talking it over)
See" Alternative Dispute Resolution." Metacenter - See " Vessel Stability." Mini-Trial - See " Alternative Dispute Resolution."
A method of resolving legal disputes in which a trained, neutral person helps the parties work out the solution for themselves. Some mediators co-mediate, that is two mediators work together in the mediation session.
Informal conflict resolution through a neutral negotiator.
is a process in which a neutral assists the parties in reaching their own settlement but does not have the authority to make a binding decision.
Mediation is a process of negotiation, generally used when a dispute exists among two or more parties, conducted by a trained mediator who works with all parties involved so that their true interests are identified and a resolution is achieved that responds effectively and fully to those interests.
(1) A process parties can use to reach their own agreements without going to court. (2) Binding Mediation - A procedure used to determine a disputed matter. The Mediator's decision is binding upon parties. See Arbitration.
Effort by an independent party to assist others in reaching the settlement of a controversy or claim. The mediator participates impartially in the proceedings, advising and consulting the various parties involved. A mediator cannot impose a settlement, but can only seek to guide the parties to achieve their own settlement voluntarily. See RCW 5.60.070.
process in which a trained professional neutral party assists the people who have a disagreement to define their issues, develop options, consider alternatives, and reach a mutually satisfactory agreement.
Mediation is voluntary, informal, and private. It is a collaborative process in which a professional mediator assists parties to a dispute to find their own workable, practical, and effective solutions. Mediation is a process in which the parties to a dispute meet with an impartial third party mediator. This mediator assists them in resolving their dispute but cannot impose a settlement. This method relies on the consent and voluntary participation of the parties.
A form of alternative dispute resolution (ADR) for resolving legal disputes without going to trial, by the use of a trained and impartial third party who attempts to bring the parties together in mutual agreement.
Mediation is a form of third-party intervention in which the mediator helps the parties negotiate an agreement which they then have the option of accepting or rejecting. In some cases, mediators play a problem-solving role focused upon negotiating an agreement to the immediate dispute. In other cases mediation focuses more upon improving relationships, with the assumption that the improved relationship will lead to conflict resolution or constructive confrontation.
An inexpensive, informal procedure for dispute resolution offered by some manufacturers. It does not require that you hire a lawyer nor that you go through the court system. Both parties must agree to use the resolution process and while it is a flexible procedure allowing for more creative settlements, it may be less effective in getting a manufacturer to agree to a refund or replacement vehicle.
negotiation to resolve differences conducted by some impartial party
a conference that takes place prior to trial
an affordable and efficient alternative for resolving disputes
a negotiation, and every negotiation is (however politely or amicably conducted) an adversarial process
a process where two disputing parties meet with a neutral mediator who tries to guide them to resolution
a settlement conference which takes place before the trial
a settlement conference which takes place prior to a case proceeding to trial
a settlement negotiation, facilitated by a neutral third party, which can help the parties maintain a good ongoing relationship
a settlement process conducted by a mediator
A process by which a dispute is resolved and an agreement between two parties is reached with the assistance of a disinterested third party known as a mediator.
A way of resolving conflict between two or more individuals. In the course of a bankruptcy, the parties involved in a disagreement can agree to work with an impartial and independent person, called a "mediator", who will help them settle their dispute instead of going to court. Generally, the mediator is an employee from one of the Superintendent of Bankruptcy's Division Offices. Mediation is more flexible, speedier and less costly than a formal court decision. It allows people affected by the bankruptcy to be directly involved in deciding how their disagreement will be settled. In bankruptcy, mediation is available to resolve two types of disputes: disagreements over the amount of money the bankrupt will pay to the trustee for the benefit of the creditors during the bankruptcy (called surplus income); and disagreements regarding the conditions that the trustee has recommended for a bankrupt's discharge.
the alternative dispute resolution method most commonly used in the district courts. Mediation is an informal process in which a mediator facilitates negotiations between the parties to help them resolve their dispute.
An independent third party who acts as a liaison between two or more disputing parties. A mediator won't take sides, but works with the parties involved to reach resolution of any problems. Before the Residential Tenancies Tribunal can hear a case, some form of mediation or other method of resolution must have occurred.
The peaceful resolution of differences between two opposing parties by a neutral intermediary.
a dispute resolution process in which an independent third party assists in the process of finding a settlement for the resolution to the dispute.
Our preferred method for resolving complaints is by mediation. This will involve an Adjudication Officer considering your complaint with you and the organisation in an attempt to reach a mutual agreement on how the complaint should be settled.
The resolution system you have probably been waiting for. Both sides have to have a desire to co-operate for mediation to be a viable option. If they do, it is fast, cheap and wholly successful. Mediation is similar to adjudication and arbitration in that a third party is appointed to assist in the resolution process. The key difference being that the mediator does not impose a decision, he facilitates the parties reaching their own. The parties retain control so this can be the fastest or most convenient method of resolution. Lawyers fees are normally not recoverable. Click here for a factsheet on Mediation.
The process of intervening between two or more parties in conflict to promote reconciliation, settlement or compromise.
An informal proceeding during which a neutral third person works with both parties in a legal dispute trying to reach a resolution.
In the case of a native title claimant application (under the Native Title Act 1993 (Cth)), mediation is the process of bringing together all people (parties) with an interest in an area covered by a native title application to help them to reach agreement about such things as to whether native title exists, what other interests exist in the area, and the relationship between native title and other rights and interests. The Federal Court of Australia decides whether the National Native Title Tribunal should conduct mediation on a native title application. Mediation allows everyone involved to explore agreements, including agreements about a consent determination or an Indigenous Land Use agreement. ( National Native Title Tribunal, (20 December 2004))
A dispute resolution process in which a neutral third party helps the disputing parties to communicate and agree upon a settlement.
A process used to resolve disputes. In mediation, the parties to the dispute are assisted by a neutral third person called a mediator. The mediator is not empowered to impose a settlement or decision on the parties; rather, the mediator facilitates discussions and negotiation between the parties with the goal of assisting the parties in reaching a mutually acceptable settlement of their dispute.
Attempt by a third party to make the two sides in an argument agree.
An attempt to bring about a peaceful settlement or compromise between disputants through the objective intervention of a neutral party.
A process by which an impartial person acceptable to both sides encourages them to communicate, bargain, and work towards a satisfactory compromise.
A voluntary process where a trained, neutral person (a mediator), helps people reach acceptable agreements together.
is a process in which an impartial third party assists parties in working out a mutually-acceptable solution to their disagreement.
Resolution of problem loans, disagreements, or conflicts between borrowers and lenders by means of a third party serving as a mediator.
Similar to arbitration, only the decisions made by the third party are not binding.
A meeting of parents and school district personnel aimed at reaching an agreement regarding the child's educational program. This is also a part of the fair hearing process with the regional center.
The use of a neutral person to assist the school and parents in reaching a comprise when there is a dispute.
In the context of matrimonial law, a voluntary process of resolution whereby the parties accept that reconciliation is not possible and appoint a third party who makes recommendations regarding the division of assets, whether maintenance is payable by the parties, and so forth. Close
an informal legal process in which an impartial mediator helps the parties negotiate a settlement. No settlement will occur without the agreement of both parties.
process in which an outsider is brought into a dispute negotiation in the hopes that this person can lead the two sides to a voluntary agreement through persuasion
Process taking place outside a court to resolve a dispute.
An impartial mediator assists the disputants to identify what is important to them, structures the discussions, facilitates communication among participants and provides an opportunity to resolve the matters in a way agreeable to all disputants.
A process by which a neutral third-party facilitates negotiations between the parties. The mediator has no decision-making authority. Mediation may be ordered by the court upon motion by either party or upon the court’s own decision. If the divorcing parties have children, mediation is required if the parties cannot settle the case.
Mediation is a voluntary, informal process, conducted under the direction of an appointed mediator, which is designed to assist the parent and the school district in reaching an agreement regarding the issue in dispute. If an agreement is reached, it is written down as a mediation agreement. If no agreement is reached, a hearing may still be requested.
Mediation is a process in which the parties to a dispute, with the assistance of a neutral third party (the mediator), identify the disputed issues, develop options, consider alternatives and try to reach an agreement.
A process which allows negotiation parties, with the assistance of a mediator, to discuss their interests in the area, identify the issues, consider alternatives and explore ways to reach agreement. Mediation processes are useful where negotiation is not progressing.
A process that uses negotiation to settle a dispute among parties, conducted by a neutral third party trained as a mediator.
A process in which an impartial third party facilitates and seeks agree me nt between the parties. Arbitration is when the me diator can make binding decisions.
Process of resolving a labor-contract dispute in which a neutral third party meets with both sides and attempts to steer them toward a solution.
Using a trained family law mediator to help resolve differences and reach a mutually acceptable agreement. The neutral mediator can help the parties retain focus on the problems to be solved and possible solutions, rather than on areas of personal disagreement.
when you are having a problem or disagreement with someone else, you may need an independent third person, or mediator, to help sort out the problem. A mediator does not take sides. They help the parties discuss the problem and work towards agreement. If your dispute is with a flatmate (or neighbour), you can get help with mediation from a community justice centre. No-cause termination: when there has been no breach of the lease, but either you or the landlord/agent wishes to terminate the agreement, this is known as a no-cause termination. A no-cause termination is not possible during the fixed term of an agreement: this type of termination is known as a termination by consent. Tenants are required to give 21 days notice for a no-cause termination in a continuing agreement; landlords/agents must give 60 days notice. (See also fixed-term agreement.)
A method of settling bargaining in which a neutral third party (the mediator) facilitates a decision. Ideally, the mediator improves communication and identifies areas of agreement that the parties were previously unable to see. The mediator may also pressure one side to give in. The TAA finalized our current (2001-2003) contract through mediation.
when an independent person helps people in dispute come to an agreement about a problem
A voluntary, non-binding 'without prejudice' process in which trained third party negotiators attempt to bring people together to reach settlement.
Intervention in disputes between parties to help them reconcile differences, find compromises, or reach mutually satisfactory agreements.
like win-win negotiation, but facilitated by a neutral third party who helps those involved arrive at a solution.
A non-adversarial, out-of-court alternative used to settle disputes.
is a process of negotiation where a neutral mediator presides and attempts to help the parties reach a settlement before trial.
is a process in which the parties to a dispute, with the assistance of a dispute resolution practitioner (the mediator), identify the disputed issues, develop options, consider alternatives and endeavour to reach an agreement. The mediator has no advisory or determinative role in regard to the content of the dispute or the outcome of its resolution, but may advise on or determine the process of mediation whereby resolution is attempted. Mediation may be undertaken voluntarily, under a court order, or subject to an existing contractual agreement. An alternative is 'a process in which the parties to a dispute, with the assistance of a dispute resolution practitioner (the mediator) negotiate in an endeavour to resolve their dispute'.
A dispute resolution process controlled by an independent third party who assists people to reach agreement by controlling the process of discussion and negotiation without entering into the content of the dispute.• Building Disputes• Civil Courts• Complaints about Police• Family Counselling and Dispute Resolution• Grandparents and Child's Relatives• Land - Rights of Land Owners• Major Long Term Issues• Property Settlement• Separation• Time with• Victims of Crime
A procedure by which an impartial third person meets with all the parties and attempts, in an informal setting, to find common ground so that a compromise can be reached to settle the claim or complaint.
intervention in a dispute by a neutral third party with expertise on a particular issue for the purpose of securing a compromise, an agreement or reconciliation. A mediator can not impose a binding agreement.
a process in which a neutral third person meets with the parties to a dispute in order to assist them in formulating a voluntary solution to the dispute.
A process of dispute resolution in which an impartial third party, a mediator, intervenes in a dispute with the consent of the disputing parties and helps them negotiate an agreement. The role of the mediator is to assist the disputants define and clarify issues, help reduce obstacles to communication, explore possible solutions, and reach a mutually satisfactory agreement.
A meeting with a trained, neutral third party who helps the parties try to solve problems cooperatively. Most courts provide mediation of custody and parenting plan problems up to a certain number of hours. Mediation may occur face to face or separately, if necessary. Mediation is confidential and voluntary. The mediator does not tell the parents what they should do or make a recommendation to the court.
The act of a third person in intermediating between two contending parties with a view to persuading them to adjust or settle their dispute.
a way to settle a conflict so both sides win. Parents and professionals discuss their differences and, with the help of a trained mediator, reach a settlement that both sides accept.
Mediation is a method of conflict resolution that is carried out by an intermediary who works with the disputing parties to help them improve their communication and their analysis of the conflict situation, so that the parties can themselves identify and choose an option for resolving the conflict that meets the interests or needs of all of the disputants. Unlike arbitration, where the intermediary listens to the arguments of both sides and makes a decision for the disputants, a mediator will help the disputants design a solution themselves.
An attempt by a neutral party to resolve a dispute out of court by persuading the contending parties to adjust or settle their differences.
The attempt by an impartial third party, called a mediator, to bring the parties in a dispute together and assist them in reaching settlement. The mediator, however, has no power to force or award a settlement but works instead to persuade the parties to reach agreement.
A voluntary non-binding dispute resolution process in which a neutral third party meets in joint and private caucuses with each party, as well as in joint session, and guides the parties to a mutually beneficially resolution by defusing hostilities, helping to narrow the issues in the case, and helping the parties gain realistic assessments of the merits of their cases.
Non-binding efforts by a neutral third party to help settle disputes, usually during negotiations. Mediation (also called "conciliation" ) is often the last step before arbitration. Mediators try to persuade. Arbitrators can decide.
A voluntary dispute resolution process for which ISBE will provide mediators upon request.
Mediation is a voluntary process in which an impartial/neutral third party assists parties to create a mutually acceptable solution to their problem. Mediation can be used as a stand-alone process or it can form part of another formal or informal process.
Person who helps the parties to work out their own mutually agreeable solution to the dispute.
A process conducted through an independent third party for dispute resolution and which is an indispensable part of Compact mechanisms. Find out more in National Picture/Resolving problems
Mediation may be ordered by the court upon motion by either party or upon the court’s own decision. Mediation is an alternative to trial. It is a voluntary process whereby the parties meet with a mediator and try to settle all or part of a case.
Formal intervention between parents and agencies to achieve reconciliation, settlement or compromise.
third-party intervention between conflicting parties to promote reconciliation '²'âA‰î“üA˜a
Process by whichva neutral mediator assists all of the parties in voluntarily reaching a consensual agreement about issues at hand; a process of facilitated communication between parties designed to resolvev issues and agree upon a plan of action.
A voluntary process in which two or more people come together, share their views of what happened, and talk about ways to resolve their dispute.
a facilitated process allowing the victims, parents, or other interested parties to meet face-to-face with the respondent/defendant in an attempt to resolve a conflict and reach a mutually agreed upon solution; led by trained facilitators
A hearing for a case where the injured party has concerns regarding his/her rights. The mediation can be held for claims concerning a definite period of time, a claim for medical bills only, a case where the injured party is not represented by an attorney, and if the bureau determines that the case may be settled through mediation. The bureau will review the case and advise the injured party with a concise explanation of his/her rights and responsibilities under the act, including a reasonable estimate of the maximum amount of benefits in which the injured party would be entitled to if the case was approved. At the mediation the parties involved are the carrier, injured worker, attorney (if any), and a mediator.
A voluntary and guided process where an impartial mediator helps the parties to negotiate. The process is not binding unless or until the parties reach agreement, after which the final agreement can be enforced as a contract.
is a process in which disputing parties engage the services of a qualified neutral third party (the mediator) who assists the parties in reaching their own mutually satisfactory resolution to a problem or issue.
In mediation, a neutral third party helps conflicting parties reconcile their differences, and reach a voluntary resolution of a dispute. The process can also transform the relationship to their mutual benefit and satisfaction.
Involves the participation or inclusion of a "third party" neutral to help the parties to a conflict negotiate an agreement. The process of mediation is usually voluntary. The mediator has no decision-making authority. A mediation is less formal than an arbitration. A successful mediation results in the parties reaching an agreement, usually made enforceable by a written agreement (contractual). The mediator may meet privately with individual parties in caucus meetings (caucuses). The mediator helps the parties to negotiate an agreement but because of the voluntary nature of the process, a party may leave the mediation and pursue other remedies or recourse if desired. A means of "alternative dispute resolution".
A method for resolving a dispute using a neutral third party (a "mediator") who works to resolve the differences of those in the dispute. A mediator cannot make a binding decision, whereas an arbitrator can.
To arbitrate or settle through an intervening party.
A form of dispute resolution by which an appointed mediator seeks to assist the parties in resolving their differences by mutual agreement.
A dispute resolution process which a disinterested third party, the mediator, assists the parties in reaching an agreement.
Third-party attempt to reconcile the differences between disputing parties by finding some middle ground on which the controversy may be voluntarily settled. Similar to conciliation, but a mediator does not take an active part in discussions as a conciliator does.
Informal attempt by a third party to help in the settlement of an employment dispute through advice or other suggestions, but without specific public recommendations for settlement.
A process where a neutral third party works with the other parties to a dispute to reach a satisfactory solution. Based on passage of the Mello-Roos Community Facilities Act of 1982, certain housing tracts may be within what are called "community facilities districts" where special taxes are assessed to finance designated public facilities and/or services. Mell-Roos liens are usually municipal bonds issued to fund streets, sewers and other infrastructure needs before a housing development is built. These special assessments are paid by the seller and will be assumed by the buyer.
In a mediation an impartial third-party attempts to negotiate the settlement of a dispute. Many mediations (including NASD-sponsored mediations between customers and their brokers) are non-binding, which means that the parties can still arbitrate their differences if they are unable to come to an understanding. Mediations give the parties an opportunity to resolve matters more quickly, and generally at less expense, than an arbitration or court proceeding.
A way to settle a dispute instead of going to trial in which an impartial party called a mediator helps the parties reach a compromise or common ground.
The settlement of disputes between two parties by the intervention of a third party, who acts impartially and attempts to reconcile differences. This third party is known as a mediator.
A non-adversarial process in which two or more parties work through discussion and compromise toward agreement with the aid of a neutral party, or Mediator. In Divorce Mediation, the Mediator works with the divorcing spouses.
A non-litigation method of dispute resolution. Unlike arbitration, this is not binding on the parties, and, should the parties choose, can be followed by either binding arbitration or litigation.
A form of alternative dispute resolution in which the parties bring their dispute to a neutral third party, who helps them agree on a settlement.
An attempt to resolve a dispute by having a third disinterested person assist the parties in reaching an agreement.
A process to help parents and school districts resolve disagreements.
Process whereby a third party helps parents reach an agreement on a dispute or disputes.
Form of alternative dispute resolution in which parties bring their dispute to a neutral third party, who helps them agree on settlement. Nonbinding. Similar to conciliation.
If you have a dispute with your own insurer about payment of accident benefits, you must apply for mediation through the Financial Services Commission before being allowed to sue or arbitrate
This refers to a settlement meeting using the help of a professional “mediator” to help explore whether you and the insurer or other person can find a way to agree to settle your case.
Intervention between people in a dispute in order to bring about an agreement. (See Judicial-civil: Alternative dispute resolution, Judicial-criminal)
A process which brings disputing parties together in the presence of an impartial third party, who helps the disputants work out an agreement. The disputants, not the mediator, decide the terms of this agreement. Mediation often focuses on terms of restitution and on future behavior. Mediation may be used to divert offenders from criminal prosecution, resolve civil disputes or in addition to civil or criminal adjudication.
The procedure to help/assist a couple to reach an agreement relating to finances and/or the children conducted by a trained mediator who is independent.
A form of impasse resolution in which a third party does not issue a ruling or decision but simply attempts to bring both sides to agreement through compromise.
A voluntary dispute-resolution process in which both sides attempt to settle their differences without resorting to formal litigation.
A voluntary procedure that families and school administrators may use to work out disagreements. It is free and does not affect a family's ability to use the due process procedures.
Efforts by an impartial third party to encourage agreement between a labor union and management by counseling each side and facilitating negotiations. Also known as "conciliation."
Friendly or diplomatic intervention usually by consent or invitation, for settling differences between persons. See Arbitration.
A structured dispute resolution process where an impartial third party, the mediator, meets with disputants in an effort to identify the issues, explore options and clarify goals. The mediator facilitates face-to-face meetings of the parties to assist them in reaching a mutually-acceptable agreement. Parties reach agreement freely, voluntarily and on the basis of informed consent. Mediation is assisted negotiation. As the "process expert," the mediator helps the parties negotiate efficiently and effectively. Back
A process in which an impartial third party facilitates an agreement between two or more persons.
An informal alternative to arbitration in which the neutral third party, the mediator, has no power to impose a binding decision on the parties to the dispute.
just as litigation is the process of going to court to resolve a dispute, so mediation is the process by which cases are resolved without the parties needing to go to court. Mediation is becoming far more popular as a means of resolving disputes since it is invariably less confrontational, is often simpler and thus cheaper and has the added benefit of being able to be decided by whatever means the parties to the mediation agree between them. In commercial matters, in particular, it is often referred to as Alternative Dispute Resolution, or just ADR for short.
Mediation is inexpensive and informal, and does not require that you hire a lawyer and go to court. It can be preferable to arbitration because it is more flexible - allowing for more creative resolutions. Because both parties must provide consent to the resolution, it can be harder to get manufacturers to agree to - and to give - a refund or a replacement vehicle. However, most states do not offer mediation programs as part of their offerings to help consumers in Lemon Law disputes.
Procedural safeguard to resolve disputes between parents and schools; must be voluntary, cannot be used to deny or delay right to a due process hearing; must be conducted by a qualified and impartial mediator who is trained in effective mediation techniques.
A method of dispute resolution where a neutral person facilitates discussions between the parties in an attempt to get the parties to reach an agreement that is mutually agreeable to the parties. Binding mediation is a method of dispute resolution where a neutral person facilitates discussions between the parties in an attempt to get the parties to reach an agreement that is mutually agreeable to the parties and after the mediation has reached settlement on as many items that is possible through the mediation process, any unresolved items are then left to the mediator to render a decision that will settle those unresolved items. In binding mediation, the decision of the mediator is binding upon the parties and is added to the final Settlement Agreement that is executed and signed by all of the parties to the mediation.
A dispute-resolution process in which a neutral party works to resolve contract differences.
An effort by a neutral third party to resolve an issue in controversy through the conduct of face-to-face meetings between the disputing parties. The third party is not authorized to impose a settlement upon the parties, but rather seeks to assist the parties in fashioning a mutually satisfactory solution to the issue in controversy. Mediation can take two forms: (1) facilitative mediation -- in which the mediator simply facilitates discussions between or among the parties and does not provide any form of evaluation of the merits of their respective positions; and (2) evaluative mediation -- in which the mediator provides the parties, either individually or jointly, with early neutral evaluation ( see above), i.e., his/her views as to the strengths and weaknesses of their respective positions, in conjunction with the mediator's efforts to help the parties fashion an amicable resolution to their controversy.
A process where a neutral third party intervenes between the disputing parties to reach a satisfactory solution.
An alternative to the legal system for solving disputes between you and your contractor. Mediation means a third party will work with you and your contractor in hopes of reaching an agreement. In most cases, a mediation agency (for example, the Better Business Bureau) will be referenced in your contract before construction begins.
(Conciliation) The efforts of a third party to help parties to reach agreement in a labor dispute. Mediators help clarify issues and suggest possible solutions. Under the RLA mediators have the authority to recommend to the NMB when the parties can be released from further bargaining union and the ___ strike and management implement terms of an agreement.
Mediation is a process in which you and the other party to a dispute negotiate an acceptable agreement with the help of a third party, called a mediator. The mediator assists with the negotiating process but has no decision making powers. Mediation has been called "assisted" negotiation.
An informal, voluntary process in which a trained professional helps the couple develop a separation agreement without going to court.
CEDR – The Centre for Effective Dispute Resolution http://www.cedr.co.uk
A meeting of the parties where they try to resolve their dispute with the assistance of a neutral third party (the mediator). Parties are not compelled to accept the mediator’s proposed resolution. In this sense, mediation is “voluntary†as compared to arbitration where the arbitrator’s decision is generally final and binding.
Mediation is an extension or elaboration of the negotiation process that involves a third party. This third party works with the disputing parties to help them improve their communication and their analysis of the conflict situation, so that they can themselves identify and choose an option for resolving the conflict that meets the interests or needs of all of the disputants. Unlike arbitration, in which the intermediary listens to the arguments of both sides and makes a decision for the disputants, a mediator helps the disputants to design their own solution.
The appointment of a mediator who acts to assist the parties in a dispute in communicating and essentially negotiating a settlement. This is the most popular form of alternative dispute resolution (ADR). Mediation does not involve adjudication of the issues in dispute or the forcing of a compromise; only the parties, of their own volition, can shift their position in order to achieve a settlement. The result of a successful mediation is called a "settlement." Compare with arbitration.
A voluntary process freely agreed to by parents and providers to attempt to resolve IDEA Early Intervention Program disagreements. Neither party is required to participate in the mediation process and both parties must approve any agreement reached. Mediation may not be used to deny or delay your right to an impartial hearing.
Mediation is the confidential process of resolving disputes by utilizing the basic tenets of communication facilitated by an impartial mediator. The purpose of mediation is to promote self clarity and competence, mutual understandings between parties and mutually acceptable resolutions if possible. Mediation helps parties clarify their issues and interests, open lines of communication and develop better working relationships. Mediation may occur between two or more parties using various facilitated processes.
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
A process in which a neutral third party helps parents set the terms of an agreement or consent order. Mediators are not marriage counsellors. To protect their legal rights, parents may ask their lawyers to look at the agreement before they sign it.
Private, informal dispute resolution process in which a neutral third person, the mediator, helps disputing parties to reach an agreement. The mediator has no power to impose a decision on the parties.
A legal dispute resolution procedure in which a settlement is sought through negotiation and the act of persuading respective parties, rather than the binding legal decision of a third party; a settlement will be reached in a mediation only if the parties agree, and by its nature cannot be legally or otherwise enforced if all parties do not agree in entirety.
A system using a neutral person to help two parties in a dispute to come to an agreement or settlement without going to court.
Process by which you work with a neutral third party to prepare your divorce agreement. This process is voluntary and non-binding. Return to List
An impartial person negotiates with disputing persons to try to resolve their differences.
Third-party intervention between conflicting parties to promote reconciliation, settlement or compromise.
formal intervention between parent and school to reach a compromise regarding the student's special education and related services
A process in which a neutral third party listens to the complaints and concerns of all parties to a dispute and then tries to assist those parties to reach an agreement that resolves those concerns. The mediator, unlike a judge, has no authority to impose a decision on the parties.
Negotiation that involves a third party who is neutral on the conflict; “facilitated negotiation.
a process in which a neutral third person helps the parties in a dispute discuss their problem and work out their own mutually acceptable solution.
A process whereby a third person helps disputing parties to settle their disagreement by discussing the issue until both are satisfied with the solution.
Often referred to as alternative dispute resolution is intended as a more efficient method of resolving a disagreement without going to court. In mediation, the parties are assisted by a neutral third party (mediator) who attempts to help them reach a compromise. Unlike a judge the mediator's decision is typically not binding on the parties.
A method of solving disputes without going to court. The mediator which is a third party, a neutral one, helps the opposing sides to reach a mutually satisfactory solution for their problem.
An informal, voluntary process allowing parties to work with a neutral third party (the "mediator") to develop a parenting and support agreement.
A process in which a neutral person (mediator) helps families, their attorneys, social workers and County Counsel to arrive at a negotiated solution to the problem. Read More.
A method of alternative dispute resolution in which a neutral third party helps resolve a dispute. The mediator does not have the power to impose a decision on the parties. If a satisfactory resolution cannot be reached, the parties can pursue a lawsuit.
The intervention into a dispute or negotiation of an acceptable impartial and neutral third party, who has no authoritative decision-making power, to reach voluntarily an acceptable settlement of issues in dispute. In a race relations context, its aim is to reach a signed agreement setting out specific steps to be taken by each side to restore racial harmony and peaceful relations.
An increasingly popular alternative to going to court, this process allows for a non-biased third party to help guide a couple through the divorce process. The mediator will provide reasonable solutions and help everyone involved work towards an amicable agreement.
Mediation has some degree of intervention in a dispute or negotiation by an impartial, neutral third party who has no decision-making power. The third party informally assists disputing parties in voluntarily reaching their own mutually acceptable settlement of issues in dispute by structuring the negotiation, maintaining the channels of communication, articulating the interests of each party, identifying the issues and, on occasion, if appropriate, making recommendations on disputed issues. The process may involve counsel, but open communications between the parties as well as between their counsel is encouraged.
A form of alternative dispute resolution where the parties bring their dispute to a neutral third party who tries to lead them to a settlement.
A way of solving a dispute where an independent facilitator tries to reconcile the two parties.
a discussion led by an impartial third party to facilitate a settlement of the lawsuit. The results of mediation are not binding unless the parties have signed a settlement agreement.
A fairly recent US-inspired innovation which may be pursued alongside litigation whereby agreement is sought in a non-adversarial environment. There are a number of variations of ADR including: mediation, where the neutral mediator is free to manage the process; expert appraisal to assist negotiations; non-binding adjudication on the technical merits; and establishing an executive tribunal involving a neutral chairman and representatives of each disputant.
A flexible process conducted confidentially in which a neutral person actively assists parties in working towards a negotiated agreement of a dispute or difference, with the parties in ultimate control of the decision to settle and the terms of resolution.
An informal dispute resolution process in which parties are encouraged to discuss issues openly but in which all decisions are reached by consensus and any participant can withdraw at any time.
The act of having a third party attempt to reconcile a dispute between two parties.
A process in which a responsible adult helps settle a conflict.
As related to special education services, a process for resolving disputes about a child's special education. During mediation, a trained, impartial person tries to help the participants reach a compromise through discussion of the issues.
The introduction of a neutral third party who attempts to provide alternatives to issues causing conflict that have not been put forth by either party or to change the way the parties perceive the situation. It is often used in collective bargaining to reach an agreement.
Mediation is a process whereby parties to a dispute hire a neutral third party to facilitate discussions and negotiations between the parties with the goal of aiding the parties in reaching a settlement of their dispute. Mediators may not impose a binding decision on the parties.
A non-adversarial divorce procedure where the spouses are assisted in reaching a settlement by a neutral third party that is trained in the divorce process.
Process by which a third party assists negotiators in their discussions and also suggests settlement proposals.
An informal, voluntary process used in securities industry disputes in which a mediator helps negotiate a mutually-acceptable resolution between disputing parties. Unlike arbitration or litigation, mediation does not impose a solution. If the parties cannot negotiate an acceptable settlement, they may still arbitrate or litigate their dispute.
A method of resolving a dispute using a neutral party (a "mediator") who actively works to resolve the differences. A mediator cannot make a binding decision, as opposed to an arbitrator, who can.
The most popular form of alternative dispute resolution (ADR), mediation involves the appointment of a mediator who acts as a facilitator assisting the parties in communicating, essentially negotiating a settlement. The mediator does not adjudicate the issues in dispute or to force a compromise; only the parties, of their own volition, can shift their position in order to achieve a settlement. The result of a successful mediation is called a "settlement." Compare with arbitration.
A method of resolving disputes, in which a neutral party tries to resolve contract differences.
Nonbinding procedure in which a third party attempts to resolve a conflict between two other parties.
The process of dispute resolution involving a neutral third party (mediator).
Is a voluntary, non-binding, confidential process that assists parties in talking about their disagreements with the help of a neutral third party.
A dispute resolution method designed to help warring parties resolve their own dispute without going to court. In mediation, a neutral third party (the mediator) meets with the opposing sides to help them find a mutually satisfactory solution. Unlike a judge in her courtroom or an arbitrator conducting a binding arbitration, the mediator has no power to impose a solution. No formal rules of evidence or procedure control mediation; the mediator and the parties usually agree on their own informal ways to proceed.
A non-binding process in which a neutral person facilitates communication between disputants to assist them in reaching a mutually acceptable settlement.
The role of a neutral third party in facilitating the search for mutually acceptable, self-determined agreements between disputants.
In statistics, a mediation model is one that seeks to identify and explicate the mechanism that underlies an observed relationship between an independent variable and a dependent variable via the inclusion of a third explanatory variable, known as a . Rather than hypothesizing a direct causal relationship between the independent variable and the dependent variable, a mediational model hypothesizes that the independent variable causes the mediator variable, which in turn causes the dependent variable. The mediator variable, then, serves to clarify the nature of the relationship between the independent and dependent variables.