A collective term for methods of resolving disputes without going to court. This includes mediation, arbitration, conciliation, and collaborative law. ADR processes are typically faster, less expensive, and less adversarial than traditional litigation.

A written document signed by all parties confirming their commitment to participate in mediation. This agreement typically outlines the mediation process, confidentiality rules, costs, and the mediator's role. It's essentially your contract to engage in good faith dispute resolution.

Your best option if mediation fails and no agreement is reached. For example, if you're mediating a commercial dispute, your BATNA might be taking the matter to court or ending the business relationship entirely. Understanding your BATNA helps you evaluate settlement proposals objectively.

A private meeting between the mediator and one party (or their representatives) during mediation. These confidential sessions allow parties to share sensitive information, explore options, and receive guidance without the other side present. The mediator will not share caucus discussions without explicit permission.

Mediation used to resolve non-criminal legal disputes between private parties. This includes contract disagreements, property disputes, personal injury claims, and neighbour conflicts. Civil mediation focuses on finding practical solutions rather than determining legal fault.

A specialised form of mediation designed for business disputes. This includes partnership disagreements, supplier conflicts, employment disputes, and contractual issues. Commercial mediators often have specific business or industry expertise relevant to the dispute.

The legal protection ensuring that everything discussed during mediation remains private and cannot be used in subsequent legal proceedings. This protection encourages honest communication and creative problem-solving by removing fear that admissions might be used against parties later.

The general process of resolving conflicts or disagreements between parties. This can include informal negotiation, mediation, arbitration, or court proceedings. Mediation is one form of dispute resolution that emphasises collaborative problem-solving.

A process where an independent expert provides a preliminary assessment of a dispute's merits before formal mediation begins. This evaluation helps parties understand the strength of their positions and can encourage more realistic settlement discussions.

Communication between the mediator and only one party without the other party's knowledge or consent. In mediation, ex parte communications typically occur during caucus sessions and are protected by confidentiality rules.

A mediation style where the mediator helps parties communicate and negotiate but doesn't provide opinions about the dispute's merits or suggest specific solutions. The mediator facilitates discussion whilst leaving decision-making entirely to the parties.

The requirement that all parties participate honestly and genuinely in the mediation process. Good faith means coming prepared to engage constructively, being truthful about relevant information, and genuinely considering reasonable proposals for resolution.

The mediator's role as a neutral party who doesn't favour any side in the dispute. Impartiality means the mediator treats all parties equally, doesn't advocate for particular outcomes, and helps everyone participate effectively in the process.

A point in mediation where discussions have stalled and parties seem unable to make progress toward agreement. Experienced mediators use various techniques to work through impasses, including taking breaks, exploring underlying interests, or trying different negotiation approaches.

The underlying needs, concerns, or motivations behind a party's stated position. For example, someone demanding £5,000 compensation might have interests in covering medical expenses, replacing lost income, and receiving acknowledgement of harm caused. Understanding interests often reveals more flexible resolution options.

A mediation meeting where all parties are present together with the mediator. Joint sessions typically include opening statements, information sharing, and collaborative problem-solving discussions. They're balanced with private caucuses throughout the mediation process.

A voluntary, confidential process where an impartial third party (the mediator) helps disputing parties reach a mutually acceptable agreement. Unlike judges or arbitrators, mediators don't impose decisions but facilitate negotiation and problem-solving.

Understanding these mediation terms gives you the foundation to participate confidently in the process. Remember that mediation terminology serves a practical purpose – it helps everyone involved communicate clearly about the process, roles, and expectations.

Your mediator will explain any unfamiliar terms during your session, so don't worry about memorising every definition. Instead, use this glossary as a reference to build your understanding and confidence as you prepare for or participate in mediation.

The neutral third party who facilitates the mediation process. Mediators are trained in conflict resolution, communication techniques, and negotiation skills. They help parties communicate effectively, explore options, and reach agreements but don't make decisions for the parties.

Another term for the mediator, emphasising their impartial role in the dispute. The neutral party doesn't take sides, advocate for particular outcomes, or have any personal interest in the dispute's resolution.

Each party's initial presentation of their perspective on the dispute during the first joint session. Opening statements help everyone understand different viewpoints and set the tone for collaborative problem-solving rather than adversarial argument.

Anyone directly involved in the dispute and participating in mediation. Parties have the authority to make decisions about settlement terms and are bound by any agreements they sign. In business disputes, parties might include companies, partnerships, or individual business owners.

What parties say they want from the mediation. Positions are often stated as specific demands or requirements, such as "I want £10,000 compensation" or "They must apologise publicly." Positions contrast with underlying interests, which explain why parties want these specific outcomes.

Activities and preparations that occur before the actual mediation session. This includes selecting a mediator, signing agreements to mediate, exchanging position statements, and gathering relevant documentation. Good pre-mediation preparation significantly improves success rates.

A negotiation approach that focuses on objective criteria, fair standards, and mutual interests rather than positional bargaining or pressure tactics. Principled negotiation seeks solutions that benefit all parties based on legitimate criteria rather than power imbalances.

Someone who attends mediation on behalf of a party, such as a solicitor, trade union representative, or family member. Representatives provide advice and support but typically cannot make binding agreements without their party's explicit consent.

The agreement reached through mediation that resolves the dispute. Settlements can include financial payments, changed behaviours, ongoing arrangements, or other terms that address parties' interests. Once signed, mediation settlements become legally binding contracts.

The written document that records the terms of resolution reached through mediation. This agreement outlines each party's commitments, timelines for implementation, and procedures for handling any future disputes about the settlement terms.

A mediation approach where the mediator meets separately with each party throughout the process, "shuttling" between different rooms or locations. This approach is useful when parties prefer not to meet face-to-face or when emotions are too high for productive joint sessions.

A specialist brought into mediation to provide technical, financial, or industry-specific expertise relevant to the dispute. For example, a building surveyor might participate in construction dispute mediation to clarify technical issues and evaluate proposed solutions.

A mediation approach that focuses on improving communication and understanding between parties rather than just reaching agreements. Transformative mediation emphasises personal empowerment and mutual recognition, potentially strengthening relationships beyond the immediate dispute.

The worst-case scenario if mediation fails and the dispute continues. Understanding your WATNA helps you appreciate the value of reasonable settlement proposals and the risks of not reaching agreement through mediation.

A legal protection meaning that settlement discussions cannot be used as evidence in subsequent legal proceedings if mediation fails. This protection encourages open, honest negotiation by ensuring that compromise offers won't be interpreted as admissions of liability later.

Specialised mediation for employment-related disputes, including discrimination claims, harassment allegations, performance disagreements, and interpersonal conflicts. Workplace mediation focuses on restoring productive working relationships whilst addressing underlying issues.