Mediation Dictionary:
A reference guide of terminology relating to the gentle art of mediation
Mandatory Mediation --- Some jurisdictions or court systems have established mandatory mediation programs in which parties to all court actions, or groups or classes of actions, are required to mediate. The goal of mandatory mediation is to provide support for early and collaborative settlement of disputes, thereby reducing cost, delay and overloading of the courts.
Master of Mediation (M.Med.) --- A degree program offered through Graduate Theological Foundation (GFT) is designed for professionals working in the various ministry fields of counseling and mediation in such settings as schools, parishes, health care facilities, judicial systems, police and fire departments, industrial and personnel relations and counseling institutions. Short-term residencies, written papers, and an exit project are required.                                                                              [ref. http://www.gtfeducation.org/html/masters.html  ]

Med-Arb / Meditation-Arbitration --- Commonly known as "med-arb," a variation of the arbitration procedure in which an impartial or neutral third party is authorized by the disputing parties to mediate their dispute until such time as they reach an impasse. As part of the process, when impasse is reached, the third party is authorized by the parties to issue a binding opinion on the cause of the impasse or the remaining issue(s) in dispute. In some cases, med-arb utilizes two outside parties--one to mediate the dispute and another to arbitrate any remaining issues after the mediation process is completed. This is done to address some parties' concerns that the process, if handled by one third party, mixes and confuses procedural assistance (a characteristic of mediation) with binding decision making (a characteristic of arbitration). The concern is that parties might be less likely to disclose necessary information for a settlement or are more likely to present extreme arguments during the mediation stage if they know that the same third party will ultimately make a decision on the dispute. Mediated arbitration is useful in narrowing issues more quickly than under arbitration alone and helpsparties focus their resources on the truly difficult issues involved in a dispute in a more efficient and effective manner.

Mediator --- A highly trained professional neutral that assists participants during the mediation process to reach a mutually agreeable solution.

Mediators Institute Ireland (MII) ---  Is the professional association for practitioner mediators mainly in the Republic of Ireland. MII was established in 1992 with a strict Code of Ethics and sets the professional standards for Mediation in Ireland. It has a register of Accredited Practitioner Mediators and Associated Practitioner members. [see also http://www.mediationireland.com/ for more information.]

Mediation -- A guided process where an impartial, or neutral 3rd party helps the participants of a mediation to negotiate a solution. The process is not binding unless or until the parties reach agreement, after which the final agreement can be enforced as a contract if need be. [ref. Frank Hanna, The Mediation Agency ]

Mediation Agreement -- A document setting down the terms of agreement between parties including all components of settlement such as; who, when, where, what and how clauses agreed to will be finalized. A mediated agreement may or may not be legally binding according to the type of agreement and the disposition of the parties.

Mediation Training ---  When training in the principles of alternatives to dispute resolution, or ADR, mediation is the format most often instructed. The reason why mediation training has become so popular is because, with the right instructor, it encompasses all forms of ADR and seeks to define and understand the root of conflict at every angle. [ref. The Mediation Agency's 40-Hour Mediation Training Program ]

Mini-trial --  [see also Executive Tribunal] -- 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.

Multi-door courthouse --- As dispute resolution options proliferate, choosing the correct option becomes a problem in itself. The multi-door courthouse has been proposed as an answer to this problem. This approach to managing civil cases recognizes that particular disputes may be suited to particular dispute resolution options. Disputes are analyzed and diverted to the appropriate dispute resolution option. The multi-door courthouse is a fundamental ADR model that is common in the U.S.

Multi-party Mediation --- Multi-party mediation indicates a mediation that has more than one person representing each side of a dispute.

Multiparty Coordinated Defense --- A coordinated joint defense strategy in which a neutral facilitator helps multiple defendants negotiate, organize, and manage cooperative joint-party arrangements that are ancillary to the main dispute. In the process, they streamline the steps toward resolution. Coordinate ddefense efforts include agreements to: limit infighting among defendants; use joint counsel and experts. Assign and share discovery and research tasks; coordinate and share the results of procedural maneuvers; and apportion liability payments, should they be imposed.

Multi-Step --- (Also called Multi-Step Clause) Parties may agree, either when a specific dispute arises, or earlier in a contract clause between business venturers, to engage in a progressive series of dispute resolution procedures. One step typically is some form of negotiation, preferably face-to-face between the parties. If unsuccessful, a second tier of negotiation between higher levels of executives may resolve the matter. The next step may be mediation or another facilitated settlement effort. If no resolution has been reached at any of the earlier stages, the agreement can provide for a binding resolution through arbitration, private adjudication or litigation. One form of multi-step ADR is the wise man procedure, typically used when problems arise in long-term partnerships such as those in the oil and gas industry. Sometimes called "progressive negotiation" or "mutual escalation," this procedure refers matters first to a partnership committee which oversees the day-to-day operations of the project. If the problem cannot be resolved at that level, the wise-man option the next ADR step is employed.

Multi-track diplomacy --- This term has been developed recently to reflect the idea that international exchanges can take many forms beyond official negotiations between diplomats.  Examples of multi-track diplomacy include official and unofficial conflict resolution efforts, citizen and scientific exchanges, international business negotiations, international cultural and athletic activities and other international contacts and cooperative efforts.
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