ADR Glossary
Dispute resolution, in plain English.
24 terms you'll hear in mediation, investigations and settlement. Search or browse by letter.
- Alternative Dispute Resolution (ADR)
- Processes other than court for resolving disputes, including mediation, conciliation, facilitation and arbitration.
- AMDRAS
- The Australian Mediator and Dispute Resolution Accreditation Standards, the national accreditation framework for mediators.
- Arbitration
- A process where an independent arbitrator hears both sides and makes a binding decision.
- BATNA
- Best Alternative To a Negotiated Agreement. What you'd do if mediation doesn't produce a deal.
- Caucus
- A private session between the mediator and one party during a mediation.
- Conciliation
- A process where a neutral third party may suggest terms or give views on the likely outcome.
- Conflict coaching
- One-to-one support to help a person understand and respond constructively to a conflict.
- Deed of release
- A legal document recording settlement terms, in which parties release each other from further claims.
- Facilitation
- A structured group process run by a neutral facilitator to help people discuss issues and make decisions.
- General protections claim
- A Fair Work claim alleging adverse action because of a workplace right, protected attribute or other protected reason.
- Heads of agreement
- A short document signed at mediation that records the key agreed terms before formal documents are drafted.
- Interest-based negotiation
- Negotiation that focuses on underlying needs and concerns rather than fixed positions.
- Joint session
- The part of mediation where all parties are together with the mediator.
- Mediator
- A neutral third party who manages the process and helps parties reach their own agreement.
- Neutrality
- The mediator's commitment not to favour any party or outcome.
- Positions
- What a party says they want. Interests are why they want it.
- Procedural fairness
- The right to know the allegations and evidence, and to respond, before a decision is made.
- Psychosocial hazard
- A workplace factor, such as poor relationships or conflict, that may cause psychological harm.
- Reality testing
- Questions a mediator asks to help a party check whether a proposal is workable.
- Restorative practice
- An approach that repairs harm by bringing affected people together to address impact and next steps.
- Shuttle mediation
- Mediation where parties stay in separate rooms and the mediator moves between them.
- Support person
- Someone who accompanies a party for support, but doesn't speak on their behalf.
- Terms of reference
- A document that sets out the scope and allegations of a workplace investigation.
- Without prejudice
- Communications made in an attempt to settle that generally can't be used as evidence later.
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