Dispute Resolution Services

Glossary

Accommodate

Refers to a “conflict-handling mode” as per the Thomas-Kilmann Conflict Mode Instrument. In this context, an individual who accommodates another, neglects their own needs to satisfy those of the other person.  This is the opposite of compete; putting a high value on relationship and a low value on outcome.

Alternative Dispute Resolution (ADR)

ADR is any process used to resolve disputes which is not considered part of the more formal or traditional methods of resolving disputes such as court adjudication. It includes a variety of processes such as negotiation, facilitation and mediation.

Arbitration/Adjudication

Arbitration involves a neutral person (or a panel of neutral persons) rendering a decision/opinion after hearing each parties' presentation of evidence and argument.

Avoid

Refers to a “conflict-handling mode” as per the Thomas-Kilmann Conflict Mode Instrument. In this context, an individual who avoids dealing with a conflict chooses to address neither their own needs nor those of the other party.

BATNA

An acronym for best alternative to a negotiated agreement.

Caucus

A caucus is a private meeting. It may involve only the members of one of the parties at the table. Sometimes, the party having a caucus will request that the mediator be present for the discussion. At other times, the mediator may call a caucus with one or the other party, to seek clarification on issues of concern and explore ways of resolving the conflict.

Co-mediation

Co-mediation is a team approach to mediation where two or more mediators (often of differing genders, cultures, professional backgrounds and/or skills) work together to facilitate negotiations between disputants. This "team" approach is useful in cases where there are multiple parties, complex issues, or where it is important to reflect gender, racial or cultural differences in order to inspire credibility in the mediators. Generally, the team works together, throughout mediation and caucuses with each party as a team, not separately.

Compete

Refers to a “conflict-handling mode” as per the Thomas-Kilmann Conflict Mode Instrument. In this context, an individual who competes will pursue their own interests at the expense of another person. This person puts a high value on the outcome and a low value on the relationship. It is the opposite of accommodate.

Compromise

Refers to a “conflict-handling mode” as per the Thomas-Kilmann Conflict Mode Instrument. In this context, individuals who compromise seek to find a mutually acceptable solution which partially satisfies each party.

Conciliation

Conciliation is a process in which a third party, the conciliator, attempts to re-establish communications between parties who may be unwilling to meet face-to-face by conveying messages, clarifying perceptions and pointing out misperceptions. Successful conciliation facilitates continued negotiations.

Consensus Building

Consensus building is a process in which the parties work together to find common ground and a mutually acceptable solution to their problem. All parties may not agree with all aspects of the agreement reached, however there is consensus if all are willing to live with the agreement.

Cooperate

Refers to a “conflict-handling mode” as per the Thomas-Kilmann Conflict Mode Instrument; also known as “collaborate”. In this context, individuals who cooperate work together to find mutually acceptable solutions that meet all the interests of each party. These persons put a high value both on outcome and on relationship.

Early Neutral Evaluation (ENE)

ENE occurs when two or more parties in dispute ask an outside authority to give them an opinion about some aspect of their dispute (often a non-binding determination of the outcome of their case). The expert's opinion may or may not influence the outcome of their negotiation. This tool is often used for issues of a more technical nature and the outsider is a recognized expert in the subject or type of case at hand.

Facilitation

Facilitation is where procedural assistance is provided to enable participants to communicate more effectively and move towards agreement. The facilitator is a neutral "process manager" and can help disputants to communicate in a structured way, following an agenda and agreed-upon procedures.

Fact-finding

Fact-finding is a process in which an impartial third party collects information about a dispute and makes either a report about relevant data or recommendations about how the dispute might be resolved. This method can aid in clarifying data and issues, thus enabling the parties to move forward with their negotiations.

Interest-based Negotiation

Interest-based negotiation (also known as "principled negotiation") is a process in which parties focus on their underlying interests (e.g. needs, desires, concerns, fears) rather than on their positions in an attempt to understand each other’s real interests and propose options which meet as many of the interests of all parties as possible.

Litigation

Litigation is the process of bringing forward or defending a case in a court of law.

Mediation

Mediation is the intervention into a dispute or negotiation of an acceptable and impartial third party who has no decision-making power, to assist parties voluntarily reach their own mutually acceptable settlement

Med/Arb

Med/Arb is a dispute resolution process that combines mediation and arbitration. Initially, the parties try to reach a settlement through mediation. If there are issues that are not resolved through mediation, an arbitrator (the same person who acted as mediator) makes a decision for the parties.

Mini-Trial

A process in which summary presentations are made by attorneys for each of the disputing parties to a panel consisting of a neutral advisor and individuals with settlement authority. At the conclusion of the presentations, the parties attempt to negotiate a resolution to their dispute. If they are unable to do so, they may call on the neutral advisor to give a prediction of the likely outcome if the matter is litigated.

Negotiation

A negotiation is a "back and forth" communication designed to lead to a mutually acceptable agreement when two or more parties have some interests that are shared and others that are opposed.

Neutral third party

A neutral third party is anyone who is external to a dispute and who holds no personal stake in the outcome. The role of a neutral third party is to help the disputants identify issues and enable them to come to a resolution. Mediators, facilitators, arbitrators and judges are examples of a neutral third party.

Positional Negotiation

A positional negotiation is where parties try to maximize their returns at the expense of one another. Parties propose solutions by making offers and counter-offers until they reach a solution that is acceptable to both sides.

Preventive Mediation

At the Public Service Staff Relations Board, the term preventive mediation refers to the mediation of a case which has not been referred formally to adjudication. The case may or may not even be subject to a grievance or a complaint.   

Principled Negotiation

See "Interest-based Negotiation".

Sidebar

Private meeting between the mediator and the principal members of negotiation teams. The sidebar is often used as an impasse-breaking strategy when direct negotiation and caucuses fail to produce movement.

Stakeholder

Any person or group of persons who have a stake in the outcome of a dispute.

WATNA

An acronym for worst alternative to a negotiated agreement.