GLOSSARY

 I N G R I D  S L E Z A K  F A M I L Y   M E D I A T I O N   S E R V I C E S

Terminology commonly used in mediation

ADR or Appropriate/Alternative Dispute Resolution. Refers to all methods of conflict resolution other than litigation, including mediation and arbitration.

Arbitration. An arbitrator is appointed by the parties to make a binding decision from which there are very limited grounds of appeal. Arbitration is similar to a trial, although strict rules of evidence and procedure generally do not apply. Arbitration is arguably cheaper and quicker than going to court.

Litigation. The process of conducting a case through the courts. Litigation is started when a plaintiff files a cause of action against a defendant. The time, expense, and adversarial nature of litigation are the primary reasons for the growing popularity of alternative dispute resolution.

Mediation. A voluntary, guided process where an impartial mediator helps the parties to negotiate a resolution. The process is not binding until the parties reach agreement, and then the final agreement can be enforced as a contract or court order.