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August 24, 2010
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Mediation Terms and Definitions

 

 

Assessment
An impartial analysis of a conflict situation conducted with an eye towards determining potential paths by which parties may reach a resolution of their conflict.

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.

Co-mediation
Mediation process in which there are two mediators who simultaneously or jointly conduct the process. Used in cases where mediators with different areas of expertise would be useful, when there are multiple parties involved, and/or to model cooperation and gender/ethnicity balance.

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.

Confidentiality
Provides that information shared during the course of a dispute resolution process is deemed private and is not to be revealed to anyone outside of the process.

Policy Dialogue
Informal discussion of public policy issues incorporating many different interested parties. This process usually clarifies key issues, and increases understanding between groups that are often publicly opposed to one another

Fact-finding
Usually used in relation to negotiation, mediation, or arbitration of complex disputes. This is a process by which facts relevant to a dispute are determined. These can be ascertained by a neutral fact-finder, a joint fact-finding effort involving the cooperation of disputing parties, reliance upon the data of independent sources, or a mixture of these.

Caucus
A private meeting or series of meetings that take place in concert with a dispute resolution process. Can include a meeting between the neutral third party and each of the interested parties separately.

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.

If you decide to retain a mediator in New Mexico and want begin the New Mexico mediation process, contact one of our experienced New Mexico mediation attorneys today!

 

 
Did You Know?    
 
 
Mediation is a process that involves a mediator
Neutral third party who helps the disputing parties achieve a resolution that satisfies both of them. The mediator's primary function is to create constructive communication between parties and provide a forum where disputants can create a mutually satisfactory agreement. Mediators do not impose decisions; instead, they help people craft solutions that will work for them.

 


  Newsroom  
 


News about Mediation cases in New Mexico and nationwide:

EEOC And Mcdonld's USA, LLC Sign Regional Universal Mediation Agreement
ATLANTA -- The U.S. Equal Employment Opportunity Commission (EEOC) and McDonald’s USA, LLC today announced the signing of a Regional Universal Agre...
Read more >


American With Disabilities Act Mediation Highlights
The ADA Mediation Pro-gram is a Department sponsored initiative intended to resolve ADA complaints in an efficient manner. Mediation cases are init...
Read more >


Mediator Standards of Conduct & Ethics Advisory Committee
You have been mediating a dispute for almost two hours. The parties are close to agreement and one of them asks to meet separately with you. She as...
Read more >


More Mediation News >

 
 

Mediation Lawyers.com Terms

 


Today's Terms

Negotiation

Definition:
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.

Third Party (Neutral)

Definition:
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.

Mediation-Arbitration (Med-Arb)

Definition:
A hybrid of mediation and arbitration (see definitions) that relies on a neutral who functions both as a mediator and an arbitrator.

More Mediation Lawyers.com Terms >

 

 Mediation Resources

 


Search Mediation resources in our resource center:

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Mediation Hot Topics

 
Topics Related to Mediation:

  • Contracts
  • Leases
  • Small Business Ownership
  • Employment
  • Divorce

More Mediation Topics >

New Mexico Mediation Attorney

 
If you live in the following cities and need an Mediation attorney you should contact our Mediation Attorney as soon as possible:

  • Alamogordo
  • Albuquerque
  • Anthony
  • Artesia
  • Aztec
  • Belen
  • Carlsbad
  • Clovis
  • Deming
  • Edgewood
  • Espanola
  • Farmington
  • Gallup
  • Hobbs
  • Las Cruces
  • Las Vegas
  • Los Alamos
  • Los Lunas
  • Portales
  • Rio Rancho
  • Roswell
  • Santa Fe
  • Shiprock
  • Silver City
  • Taos
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