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Active Listening

A communication strategy whereby the listener gauges the emotional intensity of the speaker an re-states to the speaker what was heard for verification.  Active listening builds trust, confirms what was said, demonstrates empathy that enables the neutral to filter negative/explosive comments.

Administrative Conference

An independent agency of the Federal government that seeks to encourage procedural innovation at the legislative and agency levels.  Its purpose is to promote the use of ADR and to improve the procedures of federal agencies so that they may fairly and expeditiously respond to the needs of the public.

Agenda

A list of statements of issues gathered from the parties’ opening statements., during caucus - without violating confidentiality, or during the mediation session that restates in the affirmative the needs of the parties.  The agenda is the road map for problem-solving and possible settlement.

Alternative Dispute Resolution

Also known as ADR.  Mediation, arbitration, ombudsmen, med-arb or summary jury trial.   These strategies are alternatives to traditional litigation.   Either mechanism usually involves a third party neutral intervenor to facilitate agreement between the parties outside the judicial forum.

Arbitration

An ADR mechanism used extensively in commercial and labor management disputes. The process is closely akin to adjudication, but usually less formal, faster and less expensive.  The parties may select an arbitrator, who may have expertise in issues relative to their dispute, to render a decision based on the arguments and the evidence presented.  Most states have enacted statutes that govern the validity and enforceability of an arbited agreement.

Authority

Decision-making responsibility that has been legally or consensually vested in an individual or organization.

Avoidance

A negotiation strategy in which a negotiator or opposing party decides that non-engagement, usually through silence, gains him the advantage of avoiding an unfavorable settlement or increases the probability of achieving a desirable concession from the opponent.

Bargaining

A negotiation strategy which offers trade-offs between the parties in order ot reach an agreement.

Bargaining Range

The spectrum of possible settlement options, excepting a stalemate or breakdown of negotiations.

BATNA

An acronym for Best Alternative To a Negotiation Agreement, in which negotiators compare outcomes if there is no agreement.  Usually the neutral may ask a party during caucus, “What will you do if we can’t settle this dispute (i.e.  reality check)?”

Binding

Parties agree to adhere to a decision or agreement.

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