Glossary of Terms
Mediation
Glossary
Listed
below are the most common terms that one may hear during the
mediation process. Please familiarize yourself with them.
Mediator
The
mediator is a professional who oversees and/or who guides and
regulates the plaintiff and defendant in a structured mediation
process. The mediator is the neutral facilitator who is
assisting individuals involved in the mediation process to reach
an amicable resolution regarding their disputed issues.
Mediators do not judge who is right or wrong, and they do not
give legal advice. A mediators’ primary objective is to explore
all avenues for seeking a purposeful resolution for all parties
involved in the process.
Caucus
Explained
at the beginning of the mediation process, the term caucus
refers to a private and separate meeting between the
participants of the mediation process. This normally occurs
when the mediation process has reached an impasse. Rather than
conferring at a common table the parties move away to another
room or another area near the mediation room to talk privately
with the mediator. The mediator assists the client(s) to reach
creative and hopeful options that will help in the resolution
process. This meeting is confidential and no discussions will
be revealed unless authorized to do so by party members.
Defendant
The party
(e.g., individual/company) who is required to answer a complaint
brought against them by a plaintiff.
Plaintiff
The
participant (e.g., individual/company) who initially brings a
complaint against another party and is seeking justice for
something that they feel was unjust towards them.
Advocate
A person
who supports or defends another individual(s) either verbally or
by using script expertise, so that their client’s views and
thoughts are carried out in a more clarifying and succinct
manner.
Ground Rules
A list of policies
defined by the mediator prior to the mediation process. These
rules are necessary in order to maintain collaboration, respect
between party members, as well as to help preserve the continuum
of open discussions.
Negotiation
Is the dialogue that is
intentionally created, at the onset of individual or group
discussions; and, it is the catalyst for resolving a variety of
disputes in the mediation process. It is greatly used during
this process in order to produce amicable and strategic outcomes
and it is the primary method used to compose satisfactory
agreements for all parties concerned.
Impasse
Impasse can occur during
general conversations within the mediation process or during the
mediation negotiation process when either one or both party
members have succumbed to “gridlock.” This can have a tremendous
effect on the mediation outcome.
Court Room Setting
The normal judicial
process used in the United States court system is to define; and,
enforce individual rights for a desired outcome. It is
adversarial in tone. Participants in this process have little
control over the outcome other than thorough preparation and due
diligence. It may be a hearing or jury trial and can be very
costly and time consuming.
DeNovo Business Enthusiasts, LLC * 7047 East Greenway Parkway *
Suite 250 * Scottsdale, AZ 85254
480.272.9351 (Office) * 480.283.7270 (Mobile) * 480.272.9198
(Fax)
