Legal Framework

**Accord and Satisfaction #

** A legal concept that refers to the settlement of a debt or claim by the acceptance of something else, such as property or goods, in satisfaction of the debt or claim. This can occur when a disputed claim is settled through mediation.

**ADR (Alternative Dispute Resolution) #

** A process of resolving disputes outside of the traditional court system, such as mediation, arbitration, and negotiation. ADR is often faster, less formal, and less expensive than litigation.

**Alternative Dispute Resolution Act of 1998 #

** A U.S. federal law that encourages the use of ADR in federal courts and establishes standards and procedures for ADR processes.

**Arbitration #

** A form of ADR in which a neutral third party, called an arbitrator, hears evidence and arguments from both sides of a dispute and makes a binding decision.

**BATNA (Best Alternative To a Negotiated Agreement) #

** The most favorable alternative a party has if negotiations are unsuccessful. A party should always be aware of their BATNA and use it as a benchmark for evaluating potential settlements.

**Caucus #

** A private meeting between the mediator and one of the parties in a mediation. Caucuses can be used to clarify positions, explore options, or work through particularly difficult issues.

**Certified Professional in Mediation Advocacy (CPMA) #

** A professional designation that demonstrates a mastery of the knowledge and skills necessary to effectively represent clients in mediation.

**Comparative Fault #

** A legal concept that apportions fault and damages among multiple parties in a negligence case.

**Compromise #

** A settlement in which both parties make concessions and agree to a resolution that is less than their ideal outcome.

**Confidentiality #

** A principle in mediation that requires the mediator and the parties to keep confidential all information disclosed during the mediation process.

**Convening #

** The process of bringing parties together for a mediation.

**Court #

Annexed Mediation:** A form of mediation that is ordered by a court and conducted under the supervision of a judge or court administrator.

**Dispute Resolution #

** The process of resolving disputes between parties. This can include litigation, ADR, or other methods.

**Early Neutral Evaluation (ENE) #

** A form of ADR in which a neutral third party, usually an experienced attorney or judge, provides an evaluation of the strengths and weaknesses of each party's case.

**Evaluative Mediation #

** A form of mediation in which the mediator provides an evaluation of the strengths and weaknesses of each party's case, and assists the parties in reaching a settlement.

**Facilitative Mediation #

** A form of mediation in which the mediator facilitates communication and negotiation between the parties, but does not provide an evaluation of the case.

**Fairness #

** A principle in mediation that requires the mediator to be impartial and ensure that the settlement reached is fair and equitable to all parties.

**Final Agreement #

** A written document that outlines the terms of the settlement reached in mediation.

**Good Faith #

** A principle in mediation that requires all parties to participate in the process openly, honestly, and with a genuine desire to reach a settlement.

**Impasse #

** A point in mediation where the parties are unable to reach an agreement and negotiations come to a standstill.

**Interest #

Based Negotiation:** A form of negotiation in which the parties focus on their underlying interests and needs, rather than their positions.

**Joint Session #

** A meeting between all parties and the mediator in which the parties present their positions and engage in direct negotiation.

**Legal Framework #

** The body of laws, regulations, and court decisions that govern the mediation process and the settlement reached.

**Med #

Arb:** A form of ADR that combines mediation and arbitration. The parties first attempt to reach a settlement through mediation, and if they are unable to do so, the mediator becomes an arbitrator and makes a binding decision.

**Mediation #

** A form of ADR in which a neutral third party, called a mediator, facilitates communication and negotiation between the parties to a dispute, with the goal of assisting the parties in reaching a mutually acceptable settlement.

**Mediator #

** A neutral third party who facilitates communication and negotiation between the parties in a mediation.

**Mediator's Proposal #

** A process in which the mediator presents a proposed settlement to the parties, who then have the option of accepting or rejecting it.

**Minitrial #

** A form of ADR in which each party presents their case to a neutral third party, usually an experienced attorney or judge, who then provides an evaluation and assists the parties in reaching a settlement.

**Negotiation #

** The process of communicating and bargaining with another party in order to reach a settlement.

**Neutral Evaluation #

** A form of ADR in which a neutral third party, usually an experienced attorney or judge, provides an evaluation of the strengths and weaknesses of each party's case.

**Opening Statement #

** A statement made by each party at the beginning of a mediation, outlining their position and what they hope to achieve through the process.

**Preparation #

** The process of gathering information, developing a strategy, and anticipating potential obstacles in advance of a mediation.

**Problem #

Solving:** A form of negotiation that focuses on finding solutions that meet the underlying interests and needs of both parties.

**Settlement #

** An agreement reached between the parties in a dispute that resolves the dispute and avoids the need for further litigation.

**Shuttle Diplomacy #

** A process in which the mediator communicates between the parties in separate caucuses, rather than in a joint session.

**Skills #

Based Mediation Advocacy:** A form of mediation advocacy that focuses on the use of specific communication and negotiation skills to effectively represent clients in mediation.

**Standard of Review #

** A legal concept that refers to the level of deference given by a court to an administrative agency's decision.

**Statute of Limitations #

** A legal time limit for bringing a lawsuit.

**Subject Matter Jurisdiction #

** A legal concept that refers to a court's authority to hear a particular type of case.

**Subpoena #

** A legal document that orders a person to appear in court or produce documents.

**Summary Jury Trial #

** A form of ADR in which a neutral third party, usually a judge, presides over a mini-trial and provides an advisory verdict.

**Transparency #

** A principle in mediation that requires the mediator to be clear and open about the process, and to ensure that all parties have a full understanding of the issues and options.

**Voluntary #

** A principle in mediation that requires the participation of all parties to be voluntary and not coerced.

**Waiver #

** A legal document that relinquishes a right or claim.

**Work Product #

** Legal materials and documents prepared in anticipation of litigation, which are generally protected from discovery.