Mediation Terms and Definitions

Facilitator A person competent in the use of dispute resolution who provides a neutral's services to groups (usually more than two) involved in a dispute or conflict. Mediation-Arbitration (Med-Arb) A hybrid of mediation and arbitration (see definitions) that relies on a neutral who functions both as a mediator and an arbitrator. 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. 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. 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. 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. Arbitration Process in which a neutral third party (arbitrator) hears arguments from disputants, then issues a decision. Whether court-annexed or private, this process tends to be more formal and judicial than other ADR processes, but less formal than a court procedure. Collaborative Problem Solving 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. Reconciliation Though not a formalized term, it describes steps taken to heal or improve relationships that have been damaged by a conflict. Conciliation 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.

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	Did You Know?
	Mediation may not be the most appropriate avenue for resolution in all cases. For example, it may not be appropriate in cases where: A definitive or authoritative resolution of the matter is required; The matter involves or may bear upon significant questions of Government policy that require additional procedures before a final resolution may be made; Maintaining established policies that apply to many people is especially important; The matter significantly affects persons or groups who are not parties to the process; A full public record of the proceeding is important; or The agency must maintain continuing jurisdiction over the matter with authority to alter the disposition of the matter in light of changed circumstances.