Mediation Dictionary:
A reference guide of terminology relating to the gentle art of mediation
Hard approach --- Use of physical or verbal aggression to resolve a dispute. See power for additional information. [Also called Hard bargaining, see below.]
Hard bargaining --- This is a term used to refer to adversarial, competitive bargaining that assumes that the opponent is an enemy to be defeated, rather than a partner to be worked with cooperatively. Fisher and Ury contrast hard bargaining with soft bargaining (which is highly conciliatory to the point of giving in on important points). They contrast both these approaches with a third approach, principled negotiation, which is neither hard, nor soft, but rather integrative in its approach. [See also Soft Bargaining.]
Heads of Agreement -- The section of the settlement agreement in which the principal terms of the agreement are set forth.
High/soft; low/soft --- This is a culturally common way to begin negotiations by offering a solution which is considerably outside the range of expected eventual objective solutions.
Hot cargo --- Goods or products that come from a plant or production facility where there is a labor dispute in progress.
Hostile Environment --- Continuous, low level discriminatory remarks or behaviors that cumulatively 'poison' the workplace for the aggrieved victime enough to alter the terms, conditions or privileges of the workplace, and are commonly considered by the courts and the EEOC as equivalently unlawful to more overt forms of discrimination.
Human needs --- Human needs are things that all humans need for normal growth, development and happiness. Some conflict theorists--referred to as "human needs theorists" argue that the most difficult and intense conflicts, such as racial and ethnic conflicts, are caused by the denial of one or both groups' fundamental human needs: the need for identity, security, and/or recognition. In order to resolve such conflicts, ways must be found to provide these needs for all individuals and groups without compromise--as human needs "are not for trading."
Hybrid Process --- This term refers to any ADR process that incorporates elements from different processes into a unified proceeding. [See example, Med-Arb]
