Mediation Dictionary:
A reference guide of terminology relating to the gentle art of mediation
Racketeering --- Formerly, an organized conspiracy to commit the crimes of extortion or coercion. Under the provisions of RICO, two or more crimes (including illegal use of the phone or mail) related to one criminal purpose and committed within the same (ten year) period.

Rank and File --- The membership of a union or similar organization as distinct from the organization's leadership, officers and/or staff.

Reality Testing -- A tool used by mediators that involves displaying to a party the picture they have drawn of their position, and encouraging them to test what they see. Whilst use of the tool requires particular sensitivity, it can be vital for helping parties to adjust their position and become more flexible.

Reasonable firm --- This is a less common method of beginning negotiations. The speaker gives a long explanation how (s)he used objective criteria from several reliable sources to calculate an offer; ("reasonable") warns that (s)he will not be able to move off this offer ("firm"); then eventually makes the offer.

Recognition --- The employer's acknowledgment of a union as the exclusive bargaining agent for the employees, given either voluntarily upon evidence of an employee petition, or by legal requirement after an election conducted by the government.

Reconciliation --- Reconciliation is the normalization of relationships between people or groups.

Reflective Listening --- Paraphrasing (putting into one's own words) what someone has said, including the content and the feelings. This technique is used to let another person know you have really heard when she or he said.

Reframing -- A tool used by mediators that involves changing words, the complexion on words and circumstances and the order in which ideas are presented in order to allow a situation to be viewed more positively. [See also Framing.]

Regulatory Negotiation --- A form of public policy mediation where parties having a stake in the proposed government regulations reach agreement on key provisions through the assistance of a mediator or mediators.

Resolution --- An agreement or partial agreement that may or may not require binding with a Mediated Agreement.

Resolution-Resistant Conflict --- This term to refers to conflicts that are highly difficult, but not impossible, to resolve. 

Restitution --- Restitution involves paying a person or group back for harm that was done to them.

Restorative Process --- Any course of action in which those harmed, those causing the harm and/or any other individual or community member affected by the act actively participate together in the resolution of matters arising from the act, often with the help of a fair and impartial third party. Examples of restorative processes include mediation, conferencing, and sentencing circles. United Nations Economic Council, 2002
'Any process in which the victim, the offender and/or any other individuals or community members affected by a crime participate actively together in the resolution of matters arising from the crime, often with the help of a fair and impartial third party'.


Restorative Justice --- Restorative justice is justice that is not designed to punish the wrong-doer, but rather to restore the victim and the relationship to the way they were before the offence. Thus, restorative justice requires an apology from the offender, restitution for the offense, and forgiveness from the victim. Often this is accomplished through victim-offender reconciliation programs which may operate at either the interpersonal or intergroup level.

Responding Party -- Any party, or defendant, who files a response to the mediation request and attends the mediation. [See also Charging party or Plaintiff.]

Retribution --- Retribution is retaliation--getting back at someone for something they did to hurt you.

Retroactive pay --- Wages paid to workers either for time worked under contract extension, and therefore without a new raise; or for time during which a worker was paid at an incorrect (lower) rate. The latter occurs following a successful grievance. Retroactive pay is sometimes called "back pay."

Rights-Based Mediation -- An approach to mediation where the neutral takes a relatively proactive role, ensuring that settlements reflect statutory rights and legal entitlements.

Rights arbitration --- The appeal of an unresolved grievance to an impartial arbitrator for final and binding determination. Sometimes called "grievance arbitration." The arbitrator determines the meaning of the contract and clarifies and interprets its terms. Arbitration, where it is available, is usually the last step in the grievance procedure.

Right-to-work state --- This is a deceptively wholesome title to a union-busting law that makes it illegal for a union to have an election to instate Fair Share Fees. This means that only union members provide financial support to the union that works for better wages and working conditions for all of the workers who are represented by the union. [see also A for "At will work state" ]
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