EATNA --- This is a variation of Fisher and Ury's concept of BATNA--which stands for best alternative to a negotiated agreement.  "EATNA" refers to one's estimated alternative to a negotiated agreement, meaning what you think you can get, which may be different from what you really can get if you use a power strategy other than negotiation to pursue your goals. [See also, BATNA or WATNA.]

EDR (Effective Dispute Resolution) --- A body of dispute resolution techniques which avoid the inflexibility of litigation and arbitration, and focus instead on enabling the parties to achieve a better or similar result, with the minimum of direct and indirect cost. The term EDR is used in place of ADR to demonstrate that these techniques have become mainstream, alongside litigation and arbitration.

EEOC --- Equal Employment Opportunities Commissions describes mediation as; Mediation is a fair and efficient process to help you resolve your employment disputes and reach an agreement. A neutral mediator assists you in reaching a voluntary, negotiated agreement. Choosing mediation to resolve employment discrimination disputes promotes a better work environment, reduces costs and works for the employer and the employee. [learn more about EEOC mediation by visiting their web site; http://www.eeoc.gov/mediate/ also includes a very good free video]

Early Expert Evaluation -- The use of an independent Expert to investigate and give his Expert opinion on any matter referred to him by the parties. Normally this will be used by the parties to assist them in reaching a settle or narrowing the issue.

Early Neutral Case --- A conference where the parties and their counsel present the factual and legal bases of their case and receive a non-binding assessment by an experienced neutral with subject-matter expertise and/or with significant trial experience in the jurisdiction. This assessment can form the basis for settlement discussions facilitated by the evaluator if the parties so choose. Early neutral evaluation is appropriate when the dispute involves technical or factual issues that lend themselves to e xpert evaluation. It is also used when the parties disagree significantly about the value of their cases and when the top decision makers of one or more of the parties could be better informed about the real strengths and weaknesses of their cases. Finally, it is used when the parties are seeking an alternative to the expensive and time-consuming process of following discovery procedures.

Early Neutral Evaluation -- The use of a neutral to give his opinion on a matter often of the potential outcome of the dispute. An expert is appointed to review the case then tell the parties what the likely outcome would be if they went to trial. ENE is not binding and enables the parties to negotiate a settlement having heard the evaluation.

EDR -- (Effective Dispute Resolution) A body of dispute resolution techniques which avoid the inflexibility of litigation and arbitration, and focus instead on enabling the parties to achieve a better or similar result, with the minimum of direct and indirect cost. The term EDR is used in place of ADR to demonstrate that these techniques have become mainstream, alongside litigation and arbitration.

Ego --- A term that describes a person's tendency to present him or herself as correct and knowledgeable of the truth.

Elder Care Mediation --- Refers to mediation to deal with conflict between older people and their family members or custodial care givers in relation to decisions made about property, physcial wellfare, and other issues.

Emotions --- Emotions are psychological feelings that people have that usually result from and contribute to a conflict. Examples are anger, shame, fear, distrust, and a sense of powerlessness. If emotions are effectively managed, they can become a resource for effective conflict resolution. If they are not effectively managed, however, they can intensify a conflict, heightening tensions and making the situation more difficult to resolve.

Empowerment --- Empowerment means giving a person or group more power. This may be done by the party alone, through education, coalition building, community organizing, resource development, or advocacy assistance. It can also be done by a mediator, who can work with the lower power person or group to help them represent themselves more effectively.

Environmental mediation --- The engagement of a neutral third party as mediator, whose first task is to undertake a preliminary assessment of whether direct negotiation is feasible, through discussion with the various stakeholders. A mediation approach that is close to facilitation, encouraging multi-party meetings, group discussion and exploration of issues. Mediators are sometimes wary of Environmental cases as they can be a tool for corporations and attorneys to cloak an incident with a signed confidentiality document.
Entrapment --- is a psychological state whereby a disputant is apparently unable to weigh up the costs of a conflict because (s)he has become so committed to the vaguely defined concept of "winning", or at least "not losing". (eg the war with Iraq, "we have already lost so many soldiers we can't give up or their sacrifice will have been for nothing".)
Escalation --- Escalation is an increase in intensity of a conflict. According to Dean Pruitt and Jeffery Rubin (1986, 7-8), as a conflict escalates, the disputants change from relatively gentle opposition to heavier, more confrontational tactics. The number of parties tends to increase, as do the number of issues, and the breadth of the issues (that is, issues change from ones which are very specific to more global concerns). Lastly disputants change from not only wanting to win themselves, but also wanting to hurt the opponent. While conflicts escalate quickly and easily, de-escalation, a diminishing of intensity, is often much harder to achieve.

Evaluative Mediation / Mediator -- Evaluative mediation is a process modeled on settlement conferences held by judges. As the name 'evaluative' implies, it is a method used by professionals such as judges or attorneys to use their experience with the law to instruct during a mediation to guide the outcome or help the parties assess the true value of choices made during a mediation. [ see also, Transformative  and  Facilitative  ]

Executive Tribunal [see also Mini-trial] -- Representatives who have previously not been involved in the dispute, usually senior management,  act as a representative for each party. These 'representatives' sit as a panel together with a neutral facilitator. They hear argument from all parties then discuss a settlement in the absence of the parties. Not widely used and suitable only where the senior management of all parties are genuinely distant from the dispute.

Executive Hearing -- [see also Mini-Trial,  Executive Tribunal]  A without prejudice formalised settlement procedure in which advocates present their clients best case and reasons for settlement within strict time limits to a panel composed of one executive decision-maker representing each party. It is followed immediately by direct negotiation. The parties are often assisted by a neutral retained, he may be requested to preside and maintain the rules and an agreed timetable, to assist with negotiations and, if so agreed, to give an opinion as to the likely outcome of litigation.

Expert Determination -- The use of an independent Expert to investigate the referred matters and to give his opinion which becomes binding on the parties. Not strictly an ADR process.

Experts Meeting --These can be either be arranged by Attorney,  Court or Tribunal ordered, The object is to enable the Experts to determine those matters upon which they agree and those upon which they disagree. Not strictly an ADR process.

Extremists --- Extremists are people who take extreme views which are much stronger, and often more fixed than other people's views of the same situation. In escalated conflicts, extremists may advocate violent responses, while more moderate disputants will advocate less extreme measures.

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