Professionalism
Expert-defined terms from the Certified Professional in Mediation Advocacy course at London School of Planning and Management. Free to read, free to share, paired with a professional course.
**ADR (Alternative Dispute Resolution)** #
**ADR (Alternative Dispute Resolution)**
ADR refers to methods of resolving disputes outside of the traditional court sys… #
These methods are often faster, less expensive, and less adversarial than litigation.
**Amicus Curiae** #
**Amicus Curiae**
An amicus curiae, or "friend of the court," is a person or organization that is… #
An amicus curiae, or "friend of the court," is a person or organization that is not a party to a lawsuit but is permitted to submit a brief or appear in court to provide expertise, insights, or arguments that may assist the court in making a decision.
**Arbitration** #
**Arbitration**
Arbitration is a form of ADR in which a neutral third party, called an arbitrato… #
Arbitration is often faster and less formal than litigation, but the decision is typically final and not subject to appeal.
**BATNA (Best Alternative To a Negotiated Agreement)** #
**BATNA (Best Alternative To a Negotiated Agreement)**
BATNA is a term used in negotiation to refer to the best alternative available t… #
Knowing your BATNA can help you evaluate the relative merits of different settlement options and avoid accepting a bad deal.
**Caucus** #
**Caucus**
A caucus is a private meeting between the mediator and one of the parties in a m… #
Caucuses can be used to explore settlement options, address concerns, or manage communication difficulties between the parties.
**Collaborative Law** #
**Collaborative Law**
Collaborative law is a form of ADR in which the parties and their attorneys agre… #
Collaborative law emphasizes communication, cooperation, and problem-solving over adversarial tactics and legal maneuvering.
**Confidentiality** #
**Confidentiality**
Confidentiality is a key principle in mediation and other forms of ADR #
It refers to the obligation of the mediator, the parties, and their attorneys to keep confidential all information disclosed during the mediation process, except as required by law or as authorized by the parties.
**Controlled Communication** #
**Controlled Communication**
Controlled communication is a technique used in mediation to manage the flow of… #
It involves setting ground rules for communication, such as speaking one at a time, avoiding interruptions, and focusing on interests rather than positions.
**Cultural Competence** #
**Cultural Competence**
Cultural competence is the ability to understand, respect, and respond to the cu… #
Cultural competence is an important aspect of professionalism in mediation advocacy, as it enables advocates to provide effective and respectful representation to clients from diverse backgrounds.
**Dispute Resolution** #
**Dispute Resolution**
Dispute resolution refers to the process of resolving disputes between parties,… #
Dispute resolution is a key area of practice for professional mediators and advocates.
**Facilitative Mediation** #
**Facilitative Mediation**
Facilitative mediation is a form of mediation in which the mediator facilitates… #
Facilitative mediation emphasizes self-determination, empowerment, and creativity in reaching a settlement.
**Good Faith** #
**Good Faith**
Good faith is a legal and ethical principle that requires parties to act honestl… #
Good faith is an important aspect of professionalism in mediation advocacy, as it fosters trust, respect, and cooperation between the parties.
**Impasse** #
**Impasse**
An impasse is a point in a negotiation or mediation process where the parties ar… #
Impasses can be resolved through various means, such as brainstorming new options, re-framing the issues, or bringing in a third-party facilitator.
**Interest #
Based Negotiation**
Interest #
based negotiation is a form of negotiation that focuses on the underlying interests and needs of the parties, rather than their positions or demands. Interest-based negotiation emphasizes active listening, open communication, and creative problem-solving in reaching a settlement.
**Joint Session** #
**Joint Session**
A joint session is a meeting between the parties and the mediator in which they… #
Joint sessions can be used to build rapport, clarify misunderstandings, and promote collaboration and compromise.
**Legally Binding Agreement** #
**Legally Binding Agreement**
A legally binding agreement is a written document that sets forth the terms and… #
Legally binding agreements are enforceable in court and may have legal consequences for non-compliance.
**Med #
Arb (Mediation-Arbitration)**
Med #
arb is a hybrid form of ADR that combines mediation and arbitration. In med-arb, the parties first attempt to mediate their dispute, and if they are unable to reach a settlement, they proceed to arbitration, in which a neutral third party makes a binding decision.
**Mediation** #
**Mediation**
Mediation is a form of ADR in which a neutral third party, called a mediator, fa… #
Mediation is voluntary, confidential, and non-binding, and it allows the parties to maintain control over the outcome of their dispute.
**Mediator** #
**Mediator**
A mediator is a neutral third party who facilitates communication and negotiatio… #
Mediators must be impartial, fair, and ethical, and they must possess strong communication, problem-solving, and interpersonal skills.
**Multi #
Party Mediation**
Multi #
party mediation is a form of mediation that involves more than two parties in a dispute. Multi-party mediation can be complex, as it requires managing multiple relationships, interests, and perspectives, as well as facilitating communication and negotiation among the parties.
**Negotiation** #
**Negotiation**
Negotiation is a process of communication and problem #
solving between two or more parties who have conflicting interests or goals. Negotiation can take many forms, such as bargaining, deliberating, or compromising, and it can be used to resolve disputes, make decisions, or reach agreements.
**Neutral Evaluation** #
**Neutral Evaluation**
Neutral evaluation is a form of ADR in which a neutral third party, often an exp… #
Neutral evaluation can be used to promote settlement, narrow the issues, or provide a reality check for the parties.
**Opening Statement** #
**Opening Statement**
An opening statement is a statement made by each party at the beginning of a med… #
Opening statements can help set the tone for the discussion, clarify misunderstandings, and promote empathy and understanding.
**Preparation** #
**Preparation**
Preparation is the process of gathering information, analyzing the issues, and d… #
Preparation is essential for effective advocacy, as it enables the advocate to understand the client's needs, anticipate the other party's arguments, and develop creative and persuasive settlement options.
**Professionalism** #
**Professionalism**
Professionalism is a set of attitudes, behaviors, and skills that are expected o… #
Professionalism includes qualities such as integrity, competence, respect, and responsiveness, as well as a commitment to ethical and legal standards, continuous learning, and excellence.
**Rate of Success** #
**Rate of Success**
The rate of success refers to the percentage of mediations or negotiations that… #
The rate of success can be influenced by various factors, such as the complexity of the dispute, the parties' motivation and preparation, and the skills and style of the mediator or advocate.
**Reality Testing** #
**Reality Testing**
Reality testing is a technique used in negotiation and mediation to evaluate the… #
Reality testing involves assessing the strengths and weaknesses of each party's case, the costs and benefits of different outcomes, and the potential reactions of stakeholders or third parties.
**Settlement Range** #
**Settlement Range**
The settlement range is the range of possible outcomes that are acceptable to bo… #
The settlement range is often influenced by each party's BATNA,