Dictionary

facilitative mediation: A process in which a mediator helps resolve a dispute by controlling the mediation process. During facilitative mediation, the mediator tries to move the mediation to a “win-win” proposition based on the premise that people can come to agreements despite conflict.

Federal Arbitration Act (first enacted in 1925): A statute that provides for judicial facilitation of private dispute resolution through arbitration.

forbearance: The act in which a lender does not enforce a past due debt. In terms of foreclosure, the lender might allow the homeowner to pay past due payments within a given time period rather than take the house.

foreclosure: A legal act in which a lender takes back property because mortgage payments are past due. During a foreclosure, the lender will sell the property in an attempt to regain his losses.

grievance arbitration: A type of labor arbitration that provides a method for resolving disputes over the interpretation and application of a collective bargaining agreement.

high-low arbitration: An arbitration wherein the parties have agreed in advance to the parameters within which the arbitrator may render his or her award.

impartial: Describes a person who will not take any side in a dispute.

information-centered mediation: A process that involves using a mediator with experience and information beyond the “norm.” Mediators used in information-centered mediation can be retired judges, academic experts or other experienced professionals.