I - N

Impasse

The inability of the parties to move toward agreement.  Strategies such as re-framing, reflection, restatement or caucusing may bypass this impediment.  (Synonym: stalemate, deadlock).

Interest

A substantive or procedural need a party must have satisfied in order to end a conflict.

• Substantive - objective needs that a party wants to have satisfied or exchanged as a result of the negotiation (money, responsibilities, resources, time, etc.).  It’s what you get!
• Psychological - a party’s emotional needs, such as how one is to be treated, what is necessary for the relationship to continue (i.e., I want to be respected).  It’s how people feel!
• Procedural - a party’s needs regarding the process.  It may involve specific behavioral rules or processes (i.e., the opportunity to be heard or speaking order).  It’s how something is done!

Interest-based Bargaining

A negotiation strategy used to reach an integrated solution that satisfies as many interests or needs of the parties as possible.  It focuses on win/win outcomes.

Issues

Topics or problem statements a party wishes to have discussed within the context of the mediation.  Issues form the agenda of the mediation.

Med-Arb

A dispute resolution process by which a neutral facilitates voluntary agreement.  If, however, the parties cannot reach an agreement, the neutral can make a binding decision for the parties.  Prior to the session, the parties give the neutral authority first, to attempt mediation, then to make an arbitrary decision if there’s an impasse.

Mediation

A dispute resolution process that is voluntary and less costly in time and money than litigation.  In mediation, a third party acts as a neutral intervener who assists disputants to reach a mutually acceptable solution.  Mediation is a cooperative win/win process.

Memorandum of Understanding

An informal, written document that outlines the body of agreement between the parties.  It is usually used in divorce mediation or any other technical session that requires submission to legal counsel before the final draft is signed.

Mini trial

A structured settlement process in which each side presents an abbreviated summary of its case before senior officials of each party who have authority to settle the case.  A neutral advisor presides over the proceedings and will render an advisory opinion if asked to do so.  Following the presentations, the officials seek to negotiate a settlement.

Negative Intimacy

A destructive emotional bond between the opposing parties or between a party and the dispute which perpetuates the damaging relationship.  Usually seen in divorcing couples (i.e., fatal attraction).

Negotiated Rule-making

An innovative negotiation process used by government agencies.  Negotiated rule-making entails notifying affected representatives of the public who may be affected by a particular regulatory proposal made by the agency.  Once notice is properly posted, according to statute or mandate, the agencies and the representatives meet.  These parties, assisted by a convener, exchange ideas and negotiate issues pertinent to the proposed regulation.  After consensus is reached, the proposal is unpublished for public comment and adoption.
Negotiated rule-making is a premise founded on the notion that if agencies provide opportunities for community feedback, prior to regulatory adoption, it will yield a simpler, quicker rule adoption process that is less subject to judicial challenge than traditional rule-making procedures.  (Taken from Vinson Institute of Government, UGA, 1992).

Negotiation

A resolution process which may include persuasive arguments when the parties seek to resolve a disagreement over competing needs.  During the negotiation process there is no facilitator.  Rather, discussions are held between the parties or their representatives.

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