Glossary Archive

Mediation Settlement Review Mechanisms Mediation Settlement Review Mechanisms are processes or procedures employed to evaluate and confirm the terms of a settlement reached through mediation. These mechanisms serve to ensure that the agreement is fair, legally binding, and enforceable. In the context of mediation, parties involved in a dispute work collaboratively with a neutral third-party...

Mediation Styles (Facilitative, Evaluative) Mediation styles refer to the different approaches that mediators can adopt to guide disputing parties toward a resolution. The most common styles are facilitative and evaluative, each with distinct characteristics and methodologies. Facilitative mediation is characterized by a mediator who acts primarily as a facilitator of communication between the parties. The...

Estate Planning Estate planning is the process of arranging for the management and disposal of a person's estate during their life and after death. This involves the preparation of legal documents that dictate how an individual's assets, such as property, finances, and personal belongings, will be distributed. The primary goal of estate planning is to...

Mediator A mediator is a neutral third party who facilitates communication and negotiation between disputing parties in order to help them reach a voluntary agreement. Mediators do not have the authority to make binding decisions; instead, their role is to assist the parties in identifying their issues, exploring potential solutions, and negotiating terms that are...

Mediator Bias Allegation A mediator bias allegation refers to a concern raised regarding a mediator's potential partiality or lack of neutrality in a mediation process. Mediation is a form of alternative dispute resolution where a neutral third party, the mediator, facilitates communication between disputing parties to help them reach a mutually acceptable agreement. When parties...

Probate Probate is the legal process through which a deceased person's estate is administered and distributed. This process involves validating the deceased's will, if one exists, and ensuring that all debts, taxes, and other obligations of the estate are settled before distributing the remaining assets to the beneficiaries. The probate process typically begins when an...

Mediator Disqualification Procedure The Mediator Disqualification Procedure is a process through which a party involved in a dispute can challenge the impartiality or qualifications of a mediator. This procedure is essential in ensuring that mediation remains a fair and neutral process, thereby preserving the integrity of dispute resolution. The procedure typically involves the following steps:...

Mediator Disqualification Standards Mediator Disqualification Standards refer to the criteria and principles that determine whether a mediator should be removed from a mediation process due to a potential conflict of interest, bias, or inability to remain neutral. These standards are crucial in ensuring the integrity of the mediation process and the fairness of the outcome....

Mediator Ethical Obligations Mediator Ethical Obligations refer to the standards and principles that govern the conduct of mediators during the mediation process. These obligations are designed to ensure fairness, confidentiality, impartiality, and the integrity of the mediation process. Mediators are expected to maintain confidentiality, meaning that any information shared during mediation cannot be disclosed to...

Mediation Mediation is a structured process in which a neutral third party, known as a mediator, facilitates communication and negotiation between disputing parties to help them reach a mutually acceptable resolution. Mediation is often used in various contexts, including family law, business disputes, and estate planning conflicts, as it provides a less adversarial and more...