Mediation Terms and Definitions

Binding A legally enforceable decision or agreement resulting from a dispute resolution process. Ombudsman, Ombuds, Ombudsperson A third party neutral that researches complaints and suggests or implements solutions on behalf of a recognized authority. Most often on behalf of a single organization. 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. 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. 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. Consensus method of seeking the resolution of a multiple-party conflict or dispute, relying upon equal participation of all parties. The end goal is to develop an agreement, usually without voting, that all of the participants can live with. Alternative (or Appropriate) Dispute Resolution (ADR) Used narrowly to refer to a set of alternatives to litigation including mediation, arbitration, and summary jury trials. Used broadly it refers to all methods which resolve conflicts between parties by a means other than an adversarial or judicial 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. 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. 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.

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?
	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.