Mediation Terms and Definitions

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. 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. 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. Dispute Resolution (DR) A studied approach or procedural framework that analyzes the means by which disputes are handled within an organization. Binding A legally enforceable decision or agreement resulting from a dispute resolution 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. 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. Negotiation 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. 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.

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

	Did You Know?
	Mediation has many qualities that make it appealing. In most cases, mediation is: conciliatory fair quick inexpensive voluntary confidential Mediation also has several key benefits. It promotes: greater participant control customized agreements workable decisions mutually satisfactory outcomes improved relationships high rates of compliance decisions that hold up over time