Mediation Terms and Definitions

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. 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. 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. 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. 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. Third Party (Neutral) A term used to describe an impartial person, group, or organization that assists disputing parties in reaching a resolution. Mediators, arbitrators, facilitators, and conciliators are all considered third party neutrals. Settlement Week A court and bar sponsored mediation awareness program in which volunteer mediators assist litigants and attorneys in exploring ADR opportunities for settling civil cases. Many courts in Ohio hold settlement weeks. Arbitration Process in which a neutral third party (arbitrator) hears arguments from disputants, then issues a decision. Whether court-annexed or private, this process tends to be more formal and judicial than other ADR processes, but less formal than a court procedure. 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.

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

	Did You Know?
	Mediation is a process that involves a mediator Neutral third party who helps the disputing parties achieve a resolution that satisfies both of them. The mediator's primary function is to create constructive communication between parties and provide a forum where disputants can create a mutually satisfactory agreement. Mediators do not impose decisions; instead, they help people craft solutions that will work for them.