Damages --- Cash which may be recovered in the courts by any person who has suffered a loss or injury as a result of another's unlawful or negligent act or omission.

Data Conflict --- is conflict caused by disputants having different information, or the belief that their information is irrefutable. Eg; "We have to continue logging because the economy of the town and it's citizens depend upon it - trees are not as important as the people." [See also Value Conflict.]

Decertification --- The withdrawal by the labor board of a union's designation as exclusive representative usually as a result of the loss of an election called for by employee petition.

Decision making process --- The decision making process is the process that is used to make a decision. It can be an expert process, where the decision is made by one or more "experts" who look at the "facts" and make the decision based on those facts; it can be a political process through which a political representative or body makes the decision based on political considerations, or it might be a judicial process where a judge or a jury makes a decision based on an examination of legal evidence and the law.

Declaratory Relief --- A controversy where the plaintiff, or charging party, is in doubt as to his legal rights and seeks a declaration from the court regarding those rights.

De-escalation --- De-escalation is the opposite of escalation. It is the ratcheting down of the intensity of a conflict which occurs as parties tire out, or begin to realize that the conflict is doing them more harm than good. They then may begin to make concessions, or reduce the intensity of their attacks, moving slowly toward an eventual negotiated resolution.

Defamation --- Injury to a person's character, fame or reputation, by false and malicious statements (may be libel and/or slander). In some cases an employer's blacklist or poor reference may be defamatory.

Defendant --- The party against which an action of complaint is brought against a party in a mediation or court of law. [see also Plaintiff ]

De-humanization --- is a psychological state and linguistic transition which occurs during conflict which both justifies past behavior; and encourages future aggressive conflict (eg policemen are "pigs"; Bill is "the manager", Mary is "that bimbo" etc)

De minimis --- Short for the latin phrase, de minimis non curat lex, which means the law does not concern itself about trifles. This phrase may be used to describe a violation of law which is so small that it is not worth litigating.

De novo --- Latin for anew or afresh. An appeal hearing is de novo when all evidence and proof considered at the prior hearing must be reintroduced and reconsidered.

Destructive Conflict/Confrontation --- Destructive conflict and confrontation has largely negative results--it pushes people apart, destroys relationships, and leads to a host of negative personal and social changes including an escalation of violence, fear, and distrust. [See also Constructive Conflict Confrontation.]

Dialogue --- Dialogue is a process for sharing and learning about another group's beliefs, feelings, interests, and/or needs in a non-adversarial, open way, usually with the help of a third party facilitator. Unlike mediation, in which the goal is usually reaching a resolution or settlement of a dispute, the goal of dialogue is usually simply improving interpersonal understanding and trust.

Discovery Master/Referee --- A neutral third party who assists in discovery disputes.

Dictatorial Process --- This term refers to authoritarian decision making processes in which one person (or a small group of people) make arbitrary decisions, supposedly on behalf of their people, but without any meaningful input from the people, nor any institutionalized process for reversing the decision if it is disliked by a majority of the people it affects. It is the opposite of democratic decision making processes, in which duly elected or appointed representatives or decision makers make decisions based on public input on behalf of their constituencies.

Diplomacy --- Generally, diplomacy refers to the interaction between two or more nation-states. Traditionally carried out by government officials, who negotiate treaties, trade policies, and other international agreements, the term has been extended to include unofficial exchanges of private citizens (such as cultural, scientific, and religious exchanges) as well as unofficial (sometimes called "citizen" or "track-two") diplomacy in which private citizens actually try to develop solutions to international diplomatic problems.

Disarming Strategies --- Disarming strategies are actions that are designed to break down or challenge negative stereotypes. If one person or group is seen by another as extremely threatening and hostile, a gesture of friendship and goodwill is a disarming move, which will alter perceptions of the other and can significantly de-escalate the conflict.

Disclosure --- The mediation process is based on full disclosure and it is important that all information relevant to the dispute is shared by the parties at mediation. However, if the need arises to have private discussions with each or either of the parties separately [ see Caucus ] from the other, that party may supply information which he or she will request be kept in confidence and not shared with the other party.

Discovery Process in Mediation --- Effectively, this is knowledge of information that would otherwise not be known outside the confines of a closed mediation. Discovery, or information acquired during a mediation is protected by the confidentiality agreement whether or not the mediation is successful. i.e. The California Supreme Court has held that disclosure of written materials, including witness statements, reports, analyses of test data and photographs, prepared for or used in a mediation cannot be compelled in subsequent litigation and that there are no good cause exceptions to this rule. Rojas v. Superior Court, 33 Cal.4th 407 (2004).

Dispute --- In mediation terms this is the point of contention between two or more parties.

Dispute Resolution --- Dispute resolution is the settling of conflict by what ever means the participants agree to help aid their resolution. [See also Conflict Resolution.]

Disputants --- Disputants are the people, groups, or organizations who are in conflict with each other. They are often also called "parties." (Third parties, however, are not disputants, but rather people who intercede to try to help the disputants resolve the dispute.) [See also Parties.]

Dispute Review Panel or Board --- A panel set up under the terms of a contract to adjudicate, mediate, or settle claims, disputes of controversies referred them, either on an interim or a final and binding basis.

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. [ find more information at; http://www.conflictavoidance.com ]

Distributive Negotiation --- A negotiation type or process that normally entails a single issue to be negotiated. The single issue often involves price and frequently relates to the bargaining process. Also referred to as 'Win - Lose', or 'Fixed - Pie' negotiation because one party generally gains at the expense of another party. [See also Win-Lose]

Doctorate Degree in Mediation --- Offered through Graduate Theological Foundation (GTF), the degree of Doctor of Mediation (D.Med.) is designed for professionals actively engaged in mediation and/or conflict resolution within the framework of pastoral care and nurture.  As an ecumenical program, the D.Med. will prove valuable to professionals working in cognates of ministry including the various forms of mediation such as working with the courts, family life programs, child care and juvenile facilities, health care institutions, professional organizations, chaplaincy programs, and in ecclesiastical settings.  Professional mediators will find the program designed to enhance their work within the judicial system by elevating their professional status as peers among attorneys, judges, legislative administrators, and other members of the legal profession.  Ministry professionals will, likewise, find their profile elevated owing to the specialized training offered in this degree whether serving in health care, ecclesiastical, judicial, or educational institutions. [See Graduate Theological Foundation ]

Domination Conflicts --- These are conflicts over placement in the social hierarchy-who has more status and power in a society or environment, and who has less; such as employer / employee disputes.

Double-breasted --- An employer (most often a construction contractor) who runs two operations, only one of which is unionized.

Double jeopardy --- A principle of constitutional justice that prohibits imposing two or more punishments for the same offense, and protects defendants from being tried twice for the same crime.

Duelling Experts Syndrome --- is a common pattern of behavior which usually escalates, rather than resolves, conflict. Each disputant employs a different expert (lawyer, mediator, appraiser, engineer, psychologist), tells different stories to each expert, expressly or impliedly hints at the advice she wants from the expert, and the expert in order to gain favor tells the client what (s)he wants to hear (without additional qualifications). The professional egos of the experts then make it difficult for either expert to change his/her advice. The disputants then pay large amounts of money to resolve an avoidable conflict between the two experts rather than between themselves.
Due process --- The constitutional guarantee that no person shall be deprived of his life, liberty or property without due process of law, meaning ordinarily the right to a fair and objective hearing, or trial by jury as provided by whatever rules or laws are governing.

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