Mediation Dictionary:
A reference guide of terminology relating to the gentle art of mediation
Satisfaction Triangle --- is a symbol used to remind ADR practitioners and judges, that settlements are more likely to be reached and to last if they reflect three elements of satisfaction - procedural (eg "we were listened to") emotional (eg "my sense of despair was acknowledged and legitimated"); substantive ("the outcome was in the range of feasible results if the conflict was not settled")

Scoping --- Scoping is the process of determining and locating all the parties, or owners of, a dispute. [See Stakeholders below.]

Settlement --- [see also, Agreement ] If agreement is reached between the parties the mediator prepares a written contractual record of the terms of the settlement. A draft copy of the proposed settlement is issued to each party before the final mediation session. When each party is satisfied with the final terms of the settlement, it is signed by both parties with a copy provided to each. The settlement once signed may be legally binding if it needs to be.

Settlement Conference -- A Pre-Trial review by a judge who acts as a mediator, in the event the Mediation is not successful the matter is tried by a different judge. Note: Although "suggestions" may be made by a trial judge that the parties should settle this should not be confused with Mediation.

Settlement Agreement -- A brief document designed to set forth in clear and understandable language the salient terms of a negotiated agreement. See also Heads of Agreement.

Settlement Week --- In a typical settlement week, a court suspends normal trial activity and, aided by bar groups and volunteer lawyers, devotes itself to the mediation of long-pending civil cases. Mediation is the mainstay ADR method in a typical settlement week. Volunteer lawyers conduct mediations in courtrooms, conference rooms and other areas of the courthouse. Sessions may last an hour or two, with additional sessions held as needed. Unresolved cases return to the court's docket. Settlement weeks are used regularly only in two federal district courts. The process is used more widely in state courts and a few federal courts send cases to settlement weeks sponsored by local state courts.

SICA ® -FICA ® ---  A charitable foundation, based in The Hague, for the promotion and maintenance of best standards in international commercial conflict management, including good governance. [see also http://www.sica-fica.org/ for more information]

Simply Mediation --- A UK mediation facility dedicated to offering the best mediation services for people in the United Kingdom [ see, http://www.simplymediation.com ]

Special Masters --- Judicial adjuncts appointed by a judge to conduct mediation. arbitration, fact finding, or settlement negotiation.  A special master may develop an agreement, implement one, or help enforce an agreement or a judge's decision.

Sports Mediation --- Sports Mediation includes all sport related disputes involving communities, associations, teams, agents, coaches, referees, parents, administration, players, attendees and other stakeholders - virtually any combination or number of people involved in a sports related dispute. The types of dispute include topics such as; contract issues, bullying, favouritism, fans rights, stadium or vender issues and many others related to all sports.

Social context --- The term "social context" refers to the social relationships the exist in a community at the time the conflict occurs.

Soft Bargaining --- In their book, Getting to Yes, Fisher, Ury, and Patton compare three kinds of negotiation or bargaining: soft, hard, and principled. Like hard bargaining, soft bargaining involves the negotiation of positions, rather than interests. However, to avoid the common problems associated with bargaining over positions, the negotiators will take a "soft" approach: treating the participants as friends, seeking agreement at almost any cost, and offering concessions easily in the interests of preserving (or creating) a good relationship with the other side. [See also Hard Bargaining.]

Stable Peace --- Stable peace is the situation in which two countries do not even consider war to be an acceptable or possible option for dispute resolution between them. It is contrasted with unstable peace (in which countries are at peace but think that war is possible at a future time).

Stakeholders --- Stakeholders (or parties to a dispute) are people who will be affected by a conflict or the resolution of that conflict. It includes current disputants, and also people who are not currently involved in the conflict but might become involved because they are likely to be affected by the conflict or its outcome sometime in the future. [See Scoping above, or Parties]

Stalemate --- A stalemate is a standoff; a situation in which neither side can prevail in a conflict, no matter how hard they try. Often parties must reach a stalemate before they are willing to negotiate an end to their conflict. [See also Impasse.]

Statute of limitations --- The provisions in any law or laws that limit the time when a plaintiff may bring suit or the time before which the defendant may be liable for losses or damages.

Stereotyping --- Stereotyping is the process of assuming a person or group has one or more characteristics because most members of that group have (or are thought to have) the same characteristics.

Stipulation --- An agreement between the parties to mutually accept some facts or evidence as true and undisputed.

Stipulation for Certification --- In an organizing campaign, this is an agreement between the union and the employer.

Structural Conflict --- is conflict caused by patterns or structures of actual or perceived power which create perceived inequality of bargaining power. (eg "banks always beat customers"; "women always win in Family Court"; "the legal system requires us to draw up inflammatory documents" etc).

Structured Settlement Conference -- In some territories is an Executive Hearing but in others it is a specialist process in personal injury litigation.

Subpoena --- a process document issued out of court requiring a witness to attend. A subpoena duces tecum further requires the witness to bring relevant books or records.

Substantial evidence --- a considerable weight of relevant evidence that a reasonable mind would accept as adequate to support a conclusion.

Summary Bench Trial --- A pretrial procedure used in non-jury cases intended to facilitate settlement, consisting of a summarized presentation of a case to a Judicial Officer whose decision and subsequent factual and legal analysis serves as an aid to settlement negotiations.

Summary Jury Trial -- A non-binding, abbreviated mock trial using a panel of actual jurors. Rules of evidence and testimony are usually modified to expedite the process, and negotiations or a mediation generally follow the trial.

S.W.O.T. --- A useful tool for helping people to identify and analyse their Strengths - Weakness' - Opportunities - and Threats during a mediation or negotiation. [See also ZOPA]
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