CEDR Accredited Mediator --- Refers to those mediators who have reached the required standard for passing CEDR's five-day mediator training course. [See below "Certified Mediator."]
Capricious --- A phrase describing an action or decision which is made without cause or without consideration of an objective standard, and is totally subject to the whim or pleasure of the person or party in power.
Case management --- Case management refers to control of the movement of cases through a court, or a method of managing cases within the litigation process. Case management is not usually considered an ADR process, but ADR systems are often designed to be integrated with case management systems.
Case Valuation --- This hybrid ADR process provides litigants in trial-ready cases with a written, non-binding assessment of the case's judgment value, delivered by a panel of three attorneys with subject-matter expertise after a very short hearing. If the panel's valuation is accepted by all parties, the case is settled for that amount. If any party rejects the panel's assessment, the case proceeds to trial. Used only in the federal and state courts in Michigan, the arbitration-like valuation process is known widely by the misnomer "Michigan Mediation." Established in the Michigan state courts almost 20 years ago, today the process is used mainly for money-only contract, personal injury and civil rights cases.
Caucus -- Private meetings in which a mediator talks with the parties individually to discuss the issues and to define his or her positions and true interests in the outcome.
CBA --- Collective Bargaining Agreement; also known as "Labor Agreement" or "Union Contract". [ see below on this page "Collective bargaining" ]
Certified Mediator (Mediator Certification Programs) --- This is an arbitrary and non regulated process by which a private organization seeks to examine a mediator's qualifications, experience and abilities as a mediator. Because these programs are not usually sanctioned by a state or local government, the value of them to the public or indeed to the mediators who may consider applying for them, is questionable.
Charging Party -- The party who initiates and files a complaint usually in respect of some discrimination. This is a term used in EEOC (USA) cases to identify the plaintiff.
Checkoff --- An arrangement under which an employer deducts from the pay of employees the amount of union dues they owe and turns over the proceeds directly to the treasurer of the union.
Citizen Diplomacy --- Citizen diplomacy [see also Track Two Diplomacy] refers to unofficial contacts between people of different nations, as differentiated from official contacts between governmental representatives. Citizen diplomacy includes exchanges of people (such as student exchanges), international religious, scientific and cultural activities, as well as unofficial dialogues, discussions, or negotiations between citizens of opposing nations.
Civil Mediation --- What is "Civil Mediation"? The short answer is any type of conflict, other than family mediation, falls under the realm of Civil Mediation.
Class action ---A lawsuit in which the plaintiffs proceed not only on their own behalf, but on behalf of all others similarly situated or affected. Class action status can only be accorded by a court after certain requirements have been met.
Coercion --- Economic or other pressure exerted by an employer to prevent the free exercise by employees of their right to self-organization and collective bargaining; also, intimidation by a union or fellow workers to compel affiliation with the union.
Co-Existence --- Co-existence means living together peacefully in the same geographical area.
Cognitive Dissonance --- is a tension experienced by most people when their behavior, feelings and beliefs are out of harmony. This phenomenon has a profound effect on conflict. For example, young lawyers who are required culturally to act aggressively, soon develop hostile emotions and belief systems about the "opposition." People who have "won" in the past using aggressive behavior may continue to use the same technique throughout their lives in dealing with conflict.
Collaborative Divorce -- A system for the dissolution of marriage that involves collaborative divorce trained attorneys, child specialists, divorce coaches, and financial professionals. All professionals who agree to act within the confines of 'collaborative divorce' agree not to proceed to litigation if the collaborative process fails. [ ref. http://www.collaborativedivorcearizona.com ]
Collaborative problem-solving --- The process of resolving a dispute or potential dispute through co-operative, face-to-face interaction between the affected parties.
Collaborative Planning --- Collaborative planning is like collaborative problem solving, but it allows the parties to anticipate a conflict and to work collaboratively to plan and manage ways to avoid the conflict.
Collective bargaining --- Workers agree to be represented as a group in negotiating contracts covering wages, benefits, and other conditions of employment. The TAA collectively bargains with the state of Wisconsin and the University every two years. Collective bargaining is the reason we have good health benefits, the tuition waiver, and increasing PA/TA pay equity.
Color of law --- The appearance of semblance, without the substance, of legal right. Misuse of power, possessed by virtue of state law and made possible only because wrongdoer is clothed with authority of state, is action taken under "color of state law."
Co-Med-Arb --- Addresses a problem that may occur in med-arb, in which a party may not believe that the arbitrator will be able to discount unfavorable information learned in mediation when making the arbitration decision. In co-med-arb two different people perform the roles of mediator and arbitrator. Jointly, they preside over an information exchange between the parties, after which the mediator works with the parties in the absence of the arbitrator. If mediation fails to achieve a settlement, the case (or any unresolved issues) can be submitted to the arbitrator for a binding decision.
Co-mediate -- When two mediators with different areas of expertise work on the same file. For example, if there is a family break-up and farmland is involved, a family mediator and an agricultural mediator might work on the file together.
Commercial Mediation --- Commercial or business mediation, typically resolves disputes of a high stake nature involving such areas as; contract fulfillment, vendor or suppler problems, employment contracts, board of director conflict - virtually any issue that requires an external and neutral facilitator to oversee discussions that may lead to an out-of-court resolution that may or may not need to be legally binding.
Common law --- The body of laws and legal principles derived from English legal history that was accepted and, therefore, served as the framework for early American law. Different from any specific law enacted by the government, common law justice derives its authority from the usages and customs of immemorial antiquity.
Community Dispute Resolution Centers (CDRC) --- A generic name used to describe various kinds of community-based dispute resolution programs most of which offer mediation services by using trained volunteers. They deal primarily with disputes between individuals with ongoing relationships (landlord-tenant, employer-employee, domestic, and neighborhood conflicts.) The largest centers draw much of their caseload from police referrals or from local courts and prosecutors' offices. [see NYSDRA in NY State for more information on how CDRC's work]
Common courtesy --- When you agree to mediate using common courtesy, you are agreeing not to interrupt another speaker, and to avoid using inflammatory language.
Common Ground/Commonalties --- Common ground or commonalties refers to the things two people or groups share, or hold in common. These may include living in the same place, having similar values, interests, or needs, or even similar experiences or fears. Although disputants often assume they have nothing in common with their opponents, they almost always have some common ground--even if it is only a common desire to live in peace and security without having to fear the other.
Communication Channels --- Communication channels are the means available to communicate with another person or group. They may include direct face-to-face communication, telecommunications, or indirect communication--through third parties or the media.
Competition/Competitive Approach --- One side attempts to win and have the other side lose. [See also Adversarial Approach.]
Complicating Factors --- Conflict complicating factors are dynamics such as communication problems or escalation which, while common, are usually extraneous parts of the conflict which confuse the core issues in the conflict and make them more difficult to understand and deal with.
Comprehensive Mediation -- Mediation on all, rather than selected, issues, particularly in family disputes.
Compromise -- The settlement of a dispute by mutual concession. A compromise often results in both parties giving something up and meeting midway.
Concerted activity --- Action taken by an employee or employees (generally on behalf of fellow-workers) in order to improve their working conditions or benefits. Bargaining law considers this type of activity protected from retaliation or reprisal.
Concessions --- Concessions are things one side gives up to try to de-escalate or resolve a conflict. They may simply be points in an argument, a reduction in demands, or a softening of one side's position.
Conciliator / Conciliation --- The settlement of a dispute by mutual and friendly agreement with a view to avoiding litigation. A term often associated with ACAS and employment disputes. It can be used to mean the same process as mediation, although in some jurisdictions it suggests a different approach by the neutral.
Confidential Listener --- The parties submit their confidential settlement positions to a third-party neutral, who without relaying one side's confidential offer to the other, informs them whether their positions are within a negotiable range. The parties may agree that if the proposed settlement figures overlap, with the plaintiff citing a lower figure, they will settle at a level that splits the difference. If the proposed figures are within a specified range of each other (for example 10 percent), the parties may direct the neutral to so inform them and help them negotiate to narrow the gap. And if the submitted numbers are not within the set range, the parties might repeat the process.
Conflict --- When two or more people disagree. It has been said, "Anywhere people gather is an occasion for conflict."
Conflict Analysis (or conflict diagnosis) --- is an attempt intuitively or systematically to analyse confidently or speculatively at what are the causes of a dispute; and how far the dispute has changed in nature due to escalation. Analysis is then usually followed by an intuitive or systematic listing of possible methods to respond to the conflict.
Conflict Avoidance --- This is a concept that is growing in theory for workplace dispute resolution. It is a methodology of preventing unnecessary damage from dispute by putting in place a system to address issues early and thereby avoid conflict. [ see http://www.conflictavoidance.com ]
Conflict Resolution --- This term (along with dispute resolution) usually refers to the process of resolving a dispute or a conflict permanently, by providing each sides' needs, and adequately addressing their interests so that they are satisfied with the outcome.
Confidentiality Agreement -- All parties, observers and mediators that participate or witness a mediation will be required to sign a 'confidentiality agreement' This agreement assures that all information disclosed within the body of the mediation may not be disclosed outside the mediation discussion or used later in a legal proceeding. The mediator is protected within the agreement in that he or she may not be subpoenaed in a related legal matter.
Confidential Listener --- The parties submit their confidential settlement positions to a third-party neutral, who without relaying one side's confidential offer to the other, informs them whether their positions are within a negotiable range. The parties may agree that if the proposed settlement figures overlap, with the plaintiff citing a lower figure, they will settle at a level that splits the difference. If the proposed figures are within a specified range of each other (for example 10 percent), the parties may direct the neutral to so inform them and help them negotiate to narrow the gap. And if the submitted numbers are not within the set range, the parties might repeat the process.
Conflict Management --- This term refers to the long-term management of intractable conflicts and the people involved in them so that they do not escalate out of control and become violent.
Conflict Transformation --- This term is being used more and more to refer to a change (usually an improvement) in the nature of a conflict--a de-escalation or a reconciliation between people or groups. Unlike conflict resolution, which denies the long-term nature of conflict, or conflict management, which assumes that people and relationships can be managed as though they were physical objects, the concept of conflict transformation reflects the notion that conflicts go on for long periods of time, changing the nature of the relationships between the people involved, and themselves changing as people's response to the situation develops over time. [See also Transformative Mediation.]
Conflicts of Interest --- This term refers to the situation in which a person has a vested interest in the outcome of a decision, but tries to influence the decision making process as if they did not. In other words, they stand to benefit from a decision if it goes a particular way, but they participate in the decision making process as if they were neutral.
Constructive Conflict/Confrontation --- This approach is based on the assumption that intense, long-term confrontations over important and difficult issues are inevitable. To limit destructiveness, parties and intermediaries involved in intractable conflicts should move away from the unrealistic goal of resolution, and focus, instead, on how these conflicts can be conducted more constructively. [See also Destructive Conflict Confrontation.]
Constructive discharge --- In some cases, a resignation provoked by management harassment so unbearable that the resignation may be construed by the court or an arbitrator as a form of discharge, restoring the employee's right to grieve or hold the employer liable for violating the employee's due process rights.
Consensus -- A mutually acceptable agreement that integrates the interests of all concerned parties. Consensus is different from decisions reached through voting or an individual or body making a unilateral decision. Consensus does not require unanimous consent. An agreement reached through consensus may not satisfy each participant's interests equally or receive a similar level of support from all participants. Once an agreement is reached through consensus, all parties will be committed to its implementation.
Constituents/Constituency --- Constituents or one's constituency refers to the people a decision maker represents. The constituents of a governmental leader are the citizens he or she represents in Parliament or other legislative body. The constituents of a negotiator are the people he or she is negotiating for; members of a union, perhaps, or of an interest group or business.
Constructive Conflict/Confrontation --- The term "constructive" refers to a conflict which has more benefits than costs--one that pulls people together, strengthens and/or improves their relationship (by redefining it in a more appropriate or useful way) and one that leads to positive change in all of the parties involved. It is contrasted with destructive conflict which has largely negative results--pushing people apart, destroying relationships, and leading to negative changes including an escalation of violence, fear, and distrust.
Contingency fee --- An arrangement made with a lawyer who thereby agrees not to require any fees or retainer, but will take payment from the client only if and when a settlement or award is won.
Contract-bar rules --- Rules applied by the labor board which prevent or bar a union representation election for the period of time during which an existing contract between a union and the employer is in effect, or for one year after a valid election has taken place.
Convening --- Helps to identify issues in controversy and the affected interests. The convener, usually a neutral party, generally determines whether direct negotiations among the parties would be a suitable means to resolve the issues; educates the parties about the dispute resolution process; and brings the parties together to determine negotiating ground rules.
Cooperative Problem-Solving --- This informal process usually does not use the services of a third party and typically takes place when the concerned parties agree to resolve a question or issue of mutual concern. It is a positive effort by the parties to collaborate rather than compete to resolve a dispute. Cooperative problem-solving may be the procedure of first resort when the parties recognize that a problem or dispute exists and that they may be affected negatively if the matter is not resolved. It is most commonly used when a conflict is not highly polarized and prior to the parties forming "hard line" positions. This method is a key element of labor-management cooperation programs.
Coordinator --- A neutral third-party, separate from the mediator, who organises the mediation by contacting all parties to arrange times, dates and a location for the mediation to take place.
Cooperation/Cooperative Approach --- In cooperation, disputants work together to solve a mutual problem. According to Morton Deutsch, (Resolution of Conflict, 1973) a cooperative situation is one in which the goals of the participants are so linked that any participant can attain his goal if, and only if, the others with whom he is linked can attain their goals. It is contrasted with a competitive approach in which it is assumed that it is impossible to win, unless the other side loses.
Co-parenting --- A modern term for child custody which implies a cooperative style of parenting for parents who are no longer married or living together but who wish to maintain a good relationship for the sake of their children.
Core Issues --- We distinguish between core issues in a conflict, which are the fundamental interests, values, and needs which are in conflict with each other, and complicating factors, which are dynamics such as communication problems or escalation which, while common, are usually extraneous parts of the conflict which confuse the core issues and make them more difficult to understand and deal with.
Costing --- Costing is the process of assessing the costs and benefits of a particular action; not only in monetary terms, but in terms of time, resources, emotional energy, and other intangible effects on people's lives.
Counseling -- Counseling is a process where clients are helped in dealing with their personal and interpersonal conflicts by a third party therapist.
Counterclaims --- are counterdemands made by a respondent in his or her favor against a claimant. They are not mere answers or denials of the claimant's allegations.
Court Annexed ADR -- Any ADR process which parties may be required or advised to undertake by the court, or an ADR facility which is offered by the court.
Court Annexed Arbitration -- A form of court annexed ADR in which an "arbitrator" gives a preliminary decision which, in some circumstances, may thereafter become binding upon the parties.
Creating Doubt --- This is the fundamental umbrella strategy of all negotiators, especially against positional bargainers. Doubts can be raised gently or assertively about alleged facts, evidence, rules, procedures, delays, costs and the range of possible or probable outcomes.
Credibility --- Credibility refers to whether or not a person or a statement is believed or trusted.
