Mediation Dictionary:
A reference guide of terminology relating to the gentle art of mediation
Waiver --- The intentional (knowing) and voluntary relinquishment of a known right.

WATNA --- A measure developed by Roger Fisher and William Ury of the Harvard Negotiation Project which enables negotiating parties to evaluate their options with the worst possible scenario. The reverse of BATNA, or The Worst Alternative To  A Negotiated Agreement. People evolved in negotiation should always have both their BATNA and WATNA prepared in advance.

Weingarten  rights --- So called after a 1974 U.S. Supreme Court decision (420 US 251) which ruled that an employee has the right to a union representative in any interview the employer might hold that is intended to investigate a possible discipline charge against the employee.

Whistleblower --- An employee or former employee who reports misconduct to government agencies, organizations or companies that have the authority to take corrective action.

Wildcat strike --- A spontaneously organized strike triggered by an incident on the job, usually unauthorized by the union leadership and of short duration.

Win-Lose (Adversarial) Approach --- This is the approach to conflict taken by people who view the opponent as an adversary to be defeated. It assumes that in order to win, the opponent must lose. This is opposite to the win-win approach to conflict that assumes that if the disputants cooperate, a solution which provides a victory for all sides can be found. [See also Distributive Negotiation]

Win-Win --- A situation in which both sides to a dispute gain 100% of what they wanted. [See Orange and Two Sisters.]

[The] Wise Men or Women --- Are respected senior executives of each company who are uninvolved in the conflict. These officials are given a fairly short time frame (sometimes just 30 days) to investigate the dispute. If that fails, the matter goes to a third step, usually binding arbitration. While pioneered in the oil industry, the wise man approach could also be useful in the high-technology field and other areas involving close and continuing business relationships.

Without prejudice --- Used when a case or grievance is being dismissed this phrase means that the right or privilege of the complainant to sue again on the same cause of action is not thereby lost or waived. The phrase is used expressly to prevent the dismissal from operating as a bar to a subsequent suit or grievance.

Writ --- A process (document) of a court ordering a public officer or a private person to do a certain act.

Workplace Mediation --- Workplace mediation came about in answer to conflict that can occur between employees. employers, staff members or even entire departments. Occasionally trained "peer mediators" are asked to mediate. These peer mediators are contemporaries and colleagues and often to assure their neutrality, they may come from unrelated departments to that in which the conflict occurred. However, more often than not a professional mediator is required to assure the sanctity of the mediation's neutrality. [ref. http://www.conflictavoidance.com.  ]

Wrongful Termination --- A civil action or lawsuit brought by a discharged employee against the employer, alleging that the termination violated or breached a statutory right, express public policy, or an employment contract. [see also A  "At Will"]
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