Abeyance --- The condition of being undetermined. To hold in abeyance is to place a pending motion (e.g. grievance) outside the time limits until some future time when it may be taken up and processed.

Accessibility --- The process of mediation should always be committed to ensuring accessibility for all persons. Special arrangements, as deemed necessary or appropriate should be made available for any person with special needs.

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.

ACR --- The Association for Conflict Resolution (ACR) is a professional organization dedicated to enhancing the practice and public understanding of conflict resolution. ACR represents and serves a diverse national and international audience that includes more than 6,000 mediators, arbitrators, facilitators, educators, and others involved in the field of conflict resolution and collaborative decision-making. [ see http://www.acrnet.org/ for more information}

Action Lines --- The telephone complaint processing services, provided by individuals or organizations. Most commonly, action line programs are referred to as "offices of information and complaint" within government agencies, private industries, and the media.

Active Listening --- Active listening is a way of listening that focuses entirely on what the other person is saying and confirms understanding of both the content of the message and the emotions and feelings underlying the message to ensure that understanding is accurate.

Adding Value --- Is a technique used by some mediators to increase the value of an agreement between parties to help the parties in their determination to keep to the terms of the agreement.

Add-on --- is a standard negotiation strategy whereby one person just as an agreement is about to be reached, raises another topic for discussion. ("There's just one more thing..."). This is sometimes a sub-conscious strategy used by a person whose life is given meaning by the continuation of the conflict.

Ad hoc --- A Latin phrase meaning "for this," as in for this special purpose. An ad hoc committee, for instance, is not a permanent or standing committee, but exists only as long as the committee's special job remains to be done.

Adjustive dissonance --- This is the phenomena whereby people adjust to loss at different rates. For example, one is in shock/anger/denial at the loss of a farm; child; spouse; health, while the other has accepted the loss and "wants to get on with his/her life". Outwardly, the disputants are negotiating about money; but really, they are miscommunicating about their different rates of emotional adjustment.

Administrative law judge --- Official who conducts hearings and makes recommendations to the government agency.

ADR -- Alternative Dispute Resolution. Sometimes called Appropriate Dispute Resolution. This is a generic term referring to all methods of conflict resolution other than court, or some would say, arbitration.

Adjudication -- This term is most frequently encountered in the construction industry. Adjudication is a binding decision made by an appointed neutral, often a quantity surveyor, either by deciding on the basis of submitted documents, or as is increasingly the case, after a hearing. It is designed to provide a speedy, if not always elegant, resolution to enable work to continue on site without interruption. Either party may appeal the adjudicator's decision to court or arbitration, or indeed settle the dispute by mediation. The Housing, Grants, Regeneration Act 1996 has greatly increased the use of adjudication.

Adult Peer Mediation --- This refers to an organized system of dispute resolution within an organization or group that is operated and manned by ADR trained members of the same organization or group. [See Peer Mediation.]

Adversarial Approach --- The adversarial approach to a conflict sees the other party or parties as an enemy to be defeated. It can be compared to the problem-solving approach which views the other party or parties as people who have a common problem that needs to be jointly solved. The adversarial approach typically leads to competitive confrontation strategies, while the problem-solving approach leads to cooperative or integrative strategies for approaching the conflict situation.

Adversary/Adversaries --- Adversaries are people who oppose each other in a conflict. They are also called opponents, parties, or disputants.

Advocacy --- Advocacy is the process of taking and working for a particular side=s interests in a conflict. Lawyers engage in advocacy when they represent a client in a legal proceeding. Disputants can also engage in advocacy themselves--arguing for their own position in negotiation, mediation, or a political debate. Any attempt to persuade another side to agree to your demands is advocacy.

Affidavit --- A written or printed declaration or statement of facts, made voluntarily, and confirmed by the oath or affirmation of the person making it.

Agreement to Mediate -- A document setting down the conditions under which the mediation will take place, including confidentiality, authority to settle and privilege. [see EEOC for their universal "Agreement to Mediate" forms; http://www.eeoc.gov/mediate/uam.html

Alter ego --- A Latin phrase meaning another self. An alter ego company may result when the same owner and manager of one company shuts down operations and reopens with a new name, when it is actually the same business.

Alternative Dispute Resolution (ADR) --- Decision making processes to resolve conflicts that do not involve litigation or violence.

American Bar Association (dispute resolution section) --- The American Bar Association Section of Dispute Resolution provides its members and the public with creative leadership in the dispute resolution field by fostering diversity, developing and offering educational programs, providing technical assistance, and producing publications that promote problem-solving and excellence in the provision of dispute resolution services. [ see http://www.abanet.org/dispute/ for more information.

Amicus curiae --- A Latin phrase meaning a friend of the court. A person who has no right to appear in a suit but is allowed to introduce argument or evidence, usually in the form of a brief, to protect his interests.

Amnesty --- The granting of a pardon for past offenses--especially political offenses--including, for example, human rights violations and war crimes.

Anchoring --- Anchoring is an attempt to establish a reference point (anchor) around which a negotiation will revolve and will often use this reference point to make negotiation adjustments. Anchoring often occurs when the first offer is presented at the beginning of a negotiation.
 
Analytical Problem Solving --- This is an approach to deep-rooted or intractable conflicts that brings disputants together to analyze the underlying human needs that cause their conflict, and then helping them work together to develop ways to provide the necessary needs to resolve the problem.
 
Animus, Anti-union --- Animus is a Latin term meaning mind, attitude, intention or disposition. Anti-union animus is the official term for anti-union sentiments that may affect various management actions and result in union organizers, members or representatives being harassed.

Appellate ADR ---  Mediation programs have become increasingly popular among the nation's appeals courts. Each of the 12 federal circuits either has a settlement office or plans to open one shortly. On the state level, at least 50 appeals courts have used mediation at some time, and approximately 25 courts currently have active programs. Unlike trial-level ADR, which ranges from mandatory arbitration to multi-door courthouses, appellate programs tend to look very similar. In most programs, staff attorneys or outside lawyers conduct mandatory, pre-argument conferences in those cases that seem most likely to settle. Some appellate programs are geared exclusively toward settlement, while other programs also address case management and procedural issues.

Arbitrary --- A phrase describing an action or decision which is made without cause or without consideration of an objective standard, and is fundamentally random in nature

Arbitration -- An arbitrator is appointed by the parties to make a binding decision from which there are very limited grounds of appeal. [See also International Commercial Arbitration]

Arbitration /Counsel or Arbitration Administrator --- The person at the sponsoring organization who handles administrative matters in arbitration proceedings.

Areawide Bargaining --- Collective bargaining agreement which covers all the unionized employers and their employees in a specific geographical and industrial setting.

Assignment --- A transfer of all or part of the contractual rights and/or obligations to another party.

Assistant Mediator -- A newly trained mediator attending a mediation session to gain experience of the process and act as a companion to the lead mediator. The specific role of the Assistant is determined by the lead mediator but often includes note-taking, observing, drafting, co-mediating and running messages.

Assisted Stakeholder Dialogue -- The use of practical and flexible processes to improve relationships between stakeholders in order to achieve clear consensus, clarify issues or resolve an existing conflict

ATNA --- This is a variation of Fisher and Ury's concept of BATNA--which stands for best alternative to a negotiated agreement. "ATNA" refers to any alternative to a negotiated agreement, not just the best one.

At-will --- Under common-law, this phrase describes the relationship between employer and employee that exists without a written contract or other agreement guaranteeing job security. An at-will employee may be terminated at the will of the employer without reason or cause. [See also Wrongful Termination.]

Authorized Signature --- The signature by a person with authority and power to represent and legally bind a party to a written agreement.

Avoidance -- The simplest form of dispute resolution in which the aggrieved party takes no steps to resolve the dispute.

Award --- Decision of an arbitrator which is enforceable in court.

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