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ADR Terms and Definitions
A mutually-crafted statement of understanding written at the end of
the mediation session and signed by both parties and the mediator. Mediation agreements
are binding and usually reflect a party's offer and anothers acceptance of that offer;
usually, general contract principles apply to mediation agreements.
The mediator may decide to meet separately with the parties or the
parties may request to meet separately with the mediator in a caucus. This is an
individual meeting that provides each party with the opportunity to share concerns
privately with the mediator. Often parties may be uncomfortable revealing certain types
of information in the joint session. In a caucus, parties may propose their ideas for
settlement and offer suggestions they may be reluctant to offer the joint session. In
general, a caucus is a confidential session; the mediator shares only the information
that the parties wish to reveal.
Mediation is a confidential process, and all mediation sessions
are private. All statements made and information exchanged during the mediation are
confidential. All notes taken during the mediation session shall be given to the
mediator for disposal at the conclusion of the sessions. The mediator will not discuss
the case outside of the sessions. Participants shall not discuss anything revealed in
mediation with anyone else outside of mediation.
Judge Pro Tempore
Arizona is one of the few states that allows an attorney to be appointed a judge with
full powers for the length of a case or series of proceedings. In Maricopa County, pro tempore judges handle matters,
help keep backlogs down and cover for vacation schedules.
A process in which disputing parties work collectively with the aid
of an impartial, third-party volunteer in order to resolve a dispute.
A neutral, third-party volunteer who has been trained to mediate. The
mediator assists the parties in reaching a consensus by facilitating their
communication, but it is the parties themselves who shape their agreement.
To not align or take sides with a particular group.