Mediation Terms and Definitions

Mediation Process in which a third party neutral facilitates communications and negotiations among parties to find a mutually acceptable resolution of a dispute. 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. Settlement Week A court and bar sponsored mediation awareness program in which volunteer mediators assist litigants and attorneys in exploring ADR opportunities for settling civil cases. Many courts in Ohio hold settlement weeks. Binding A legally enforceable decision or agreement resulting from a dispute resolution process. 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. 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. Conflict Management A philosophy and set of skills designed to assist people in better understanding and dealing with conflict as it arises in all aspects of our lives. Conflict A broad term regarding an interaction between people with differing interests which are perceived as incompatible. Derived from the Latin conflictus, meaning "to strike together." Conflict is often inevitable, but constructive outcomes from conflict are frequently possible. Dispute System Design A studied approach or procedural framework that analyzes the means by which disputes are handled within an organization. Appropriate dispute resolution processes are then instituted to handle the specific types of issues that arise in an organization. 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.

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	Did You Know?
	The mediation process may vary depending on the mediator. Generally, mediations commence with a general session with all parties, counsel and the mediator. At the general session, there will be a discussion of the case, the issues on appeal and other matters important to settlement. Then the mediator will meet separately with each party and their counsel in separate "caucuses." In these separate sessions, the mediator will seek to foster negotiations between the parties and develop agreement.