Mediation Glossary
A glossary of common mediation words and phrases for people comparing dispute resolution options, preparing for mediation, or trying to understand what a mediator does.
General information only. This glossary is not legal advice, and Flannel People Mediation does not provide legal, financial, tax, insurance, claims-handling, valuation, business, therapeutic, mental health, or parenting advice.
Term
Definition: A private, structured process where a neutral mediator helps people discuss a dispute and explore possible resolution.
Plain language: Mediation is a guided conversation. The mediator helps organize the discussion, but the parties decide whether to agree.
Term
Definition: A neutral person who structures the mediation process and helps parties communicate, clarify issues, and explore possible agreement.
Plain language: The mediator manages the conversation. The mediator does not represent either side or decide the outcome.
Term
Definition: A person who does not represent either party and is responsible for supporting the process rather than advocating for one side.
Plain language: Neutral means the mediator is not anyone's lawyer, advisor, judge, or advocate.
Term
Definition: A separate meeting or conversation between the mediator and one party or group during mediation.
Plain language: In virtual mediation, caucus often means a private virtual room where one side can talk with the mediator separately.
Term
Definition: A part of mediation where parties meet together with the mediator in the same room or virtual room.
Plain language: A joint session is the everyone-together part of mediation. It may be used for introductions, agenda-setting, discussion, or review of terms.
Term
Definition: The ability to approve, reject, or negotiate settlement terms on behalf of a person, business, insurer, or other party.
Plain language: Mediation works better when the people who can actually say yes are involved or available.
Term
Definition: A mediation style where the mediator focuses on process, communication, issue clarity, and party decision-making.
Plain language: In facilitative mediation, the mediator helps people think and talk more clearly without deciding who is right.
Term
Definition: A mediation style where a mediator may help parties assess risk, positions, or settlement options, depending on the process and professional boundaries.
Plain language: Evaluative mediation can involve more reality-testing. It still is not the same as a court decision or legal advice from the mediator.
Term
Definition: Mediation conducted by video conference or other remote communication tools.
Plain language: Online mediation lets parties, counsel, adjusters, or decision-makers participate from different locations.
Term
Definition: Terms that parties decide to accept, subject to any documentation, signatures, attorney review, filing, or court approval required for the dispute.
Plain language: Talking through terms in mediation is not always the final legal step. Agreements often need documentation or review.
Term
Definition: A written record of terms, understandings, or next steps discussed in mediation, which may or may not be a final legal agreement.
Plain language: An MOU can capture what people discussed. Parties may still need attorney review, formal documents, signatures, or court filing.
Term
Definition: A document or term that may resolve claims or limit future claims, often used in commercial, insurance, personal injury, and employment-related settlements.
Plain language: A release can be legally important. Parties should get legal advice before signing or relying on release language.
Term
Definition: A term often used in family and divorce matters to describe a child's schedule or time with each parent.
Plain language: Mediation can help parents discuss schedules and communication expectations, but legal questions about parenting rights or court requirements should go to an attorney or official court resources.
Term
Definition: A dispute resolution process where an arbitrator may hear a dispute and make a decision, depending on the parties' agreement and the applicable process.
Plain language: Arbitration is closer to a private decision process. Mediation is a negotiation process where the parties keep control over settlement.
Term
Definition: A court process where legal claims, defenses, procedures, and disputed issues may be handled by a judge, court, or jury.
Plain language: Litigation asks the legal system to handle the dispute. Mediation gives parties a private place to explore settlement.