Dictionary

parties: The people in a dispute who are the basis for the legal action. For example, the parties in a divorce proceeding would be the soon-to-be ex-spouses.

pendulum arbitration: A special mechanism of arbitration in which the arbitrator has to decide completely in favor of one or the other position on the bargaining table. In pendulum arbitration, the arbitrator cannot split the difference between the two opposing parties.

pre-marital agreement: A legal agreement made before marriage that determines how assets will be distributed in the event of a divorce.

process center mediation: A process that uses a mediator who might not be an expert at the subject involved but who knows the dynamics of conflict and how to move parties from conflict to resolution.

reconvening: The event in which all parties involved in the dispute get together to discuss the details of the agreement after a settlement has been negotiated.

rent-a-judge: See judicial appraisal.

securities arbitration: A preferred method of resolving disputes between brokerage firms, as well as between firms and their customers.

separate caucuses: The events in which the mediator meets privately with each party involved in the dispute.

settlement agreement: A document that lists the terms of the agreed upon resolution. All disputing parties sign the settlement agreement.

summary jury trial: A process in which a panel of jurors is used in a mock trial as part of the mediation process.