Mediation glossary

Plain-English definitions of 71 terms you’ll hear in mediation, each with the official source it comes from. Rules differ by state, so check your state’s page for local details. Last updated 2026-10-10.

A

Adjournment: A pause in a mediation that will continue at a later time. Under Florida's court rules, for example, the mediator may adjourn a mediation conference at any time and set a time to reconvene. Source: Florida Rules of Civil Procedure (Oct. 1, 2026), Rules 1.700–1.750. See also: Impasse, Mediator.
Alimony: Financial support a court may order one spouse to pay the other in a divorce. Florida law lists temporary, bridge-the-gap, rehabilitative and durational alimony, and also uses the terms support and maintenance; rules differ by state. Source: Fla. Stat. § 61.08 (Alimony). See also: Equitable distribution, Marital settlement agreement, Family mediation.
Alternative dispute resolution (ADR): Any process, other than a judge deciding the case, in which a neutral third party helps resolve the issues in a dispute. Federal law lists examples such as mediation, early neutral evaluation, minitrial and arbitration. Source: 28 U.S.C. § 651 (Alternative Dispute Resolution Act), govinfo.gov. See also: Mediation, Arbitration, Neutral.
Appearance at mediation: The attendance a court rule requires for a party to count as present at a mediation. In Florida civil cases this means the party or a representative with full authority to settle, counsel, and an insurer's representative where relevant. Requirements vary by state. Source: Florida Rules of Civil Procedure (Oct. 1, 2026), Rules 1.700–1.750. See also: Authority to settle, Remote mediation, Court-ordered mediation.
Appellate mediation: Mediation that takes place while an appeal of a civil case is pending. This is how Florida's mediation statute defines it. Source: Fla. Stat. § 44.1011 (Definitions). See also: Court-ordered mediation, Mediation.
Arbitration: A process in which a neutral person or panel, the arbitrator, considers the facts and arguments the parties present and decides the dispute. The decision may be binding or nonbinding. Source: Fla. Stat. § 44.1011 (Definitions). See also: Binding arbitration, Nonbinding arbitration, Award, Mediation.
Authority to settle: Being able to approve a settlement on a party's behalf without checking with anyone else. Florida's civil rules define a representative with full authority as the final decision maker who can legally sign a binding settlement agreement. Source: Florida Rules of Civil Procedure (Oct. 1, 2026), Rules 1.700–1.750. See also: Appearance at mediation, Settlement agreement.
Award: The decision an arbitrator issues after hearing each side's presentation of the case. An award may be binding or nonbinding. Source: Connecticut Judicial Branch, Alternative Dispute Resolution (ADR) Programs (Definitions). See also: Arbitration, Binding arbitration, Nonbinding arbitration.

B

Binding arbitration: Arbitration in which the parties agree in advance to be bound by the arbitrator's award. In Texas, for example, a binding award is enforceable like any contract obligation. Source: Tex. Civ. Prac. & Rem. Code ch. 154 (Alternative Dispute Resolution Procedures). See also: Arbitration, Nonbinding arbitration, Award.

C

Caucus: A confidential meeting between the mediator and one side of a dispute, held apart from the other side, to discuss options and look for a resolution. Source: Connecticut Judicial Branch, Alternative Dispute Resolution (ADR) Programs (Definitions). See also: Opening statement, Confidentiality, Mediator.
Charge of discrimination: A signed statement filed with the U.S. Equal Employment Opportunity Commission asserting that an employer, union or labor organization engaged in employment discrimination. Most EEOC-enforced laws require a charge before a job discrimination lawsuit can be filed. Source: U.S. EEOC, Filing a Charge of Discrimination. See also: EEOC mediation, Conciliation.
Child custody evaluation: An evaluation, investigation or assessment a court orders to help it decide a child's health, safety, welfare and best interests in a disputed custody or visitation case. The quoted purpose is California's rule; other states use their own procedures. Source: California Rules of Court, Rule 5.220 (Court-ordered child custody evaluations). See also: Parenting plan, Guardian ad litem.
Child support guidelines: The formula each state must set by law, court rule or agency action for calculating child support orders. Federal rules require them, so each state has its own. Source: 45 C.F.R. § 302.56 (Guidelines for setting child support orders), Legal Information Institute. See also: Parenting plan, Family mediation.
Circuit court mediation: In Florida, mediation of civil cases other than family matters in circuit court. If a party has a lawyer of record, the lawyer must attend unless the parties agree or the court orders otherwise. Source: Fla. Stat. § 44.1011 (Definitions). See also: County court mediation, Family mediation, Court-ordered mediation.
Co-mediation: Mediation conducted by more than one mediator working together. Maryland's mediator conduct standards, for example, define a mediator to include a sole mediator or all co-mediators. Source: Maryland Judiciary (MACRO), Maryland Standards of Conduct for Mediators (eff. Jan. 1, 2020). See also: Mediator, Mediation.
Collaborative law: A process for resolving a dispute, such as a divorce, without a court deciding it, in which the parties sign a participation agreement and are each represented by collaborative attorneys. This is Florida's statutory definition. Source: Fla. Stat. § 61.56 (Collaborative Law Process Act definitions). See also: Family mediation, Mediation.
Conciliation: In federal employment discrimination cases, the EEOC's informal effort, through conference, conciliation and persuasion, to end an unlawful practice after finding reasonable cause to believe a charge is true. Source: 42 U.S.C. § 2000e-5(b) (Title VII enforcement provisions), govinfo.gov. See also: Charge of discrimination, EEOC mediation.
Confidentiality: The rule that what is said in mediation generally stays private. Florida law, for example, makes mediation communications confidential with listed exceptions; the scope and exceptions differ from state to state. Source: Fla. Stat. § 44.405 (Confidentiality; privilege; exceptions). See also: Mediation communication, Mediation privilege, Uniform Mediation Act.
Conflict of interest: A past or present personal, professional or financial relationship or circumstance that affects, or might reasonably be seen to affect, a mediator's impartiality. Maryland's standards, for example, require a mediator to disclose a conflict and get the parties' agreement before going ahead. Source: Maryland Judiciary (MACRO), Maryland Standards of Conduct for Mediators (eff. Jan. 1, 2020). See also: Impartiality, Mediator.
County court mediation: In Florida, mediation of civil cases within county court jurisdiction, including small claims. The parties mainly do the negotiating; lawyers may take part but are not required. Source: Fla. Stat. § 44.1011 (Definitions). See also: Small claims, Circuit court mediation.
Court-appointed mediator: A mediator the court assigns when the parties don't choose one. In Florida civil cases, if parties can't agree within 10 days of the referral order, the court appoints a certified mediator by rotation or another local procedure. Source: Florida Rules of Civil Procedure (Oct. 1, 2026), Rules 1.700–1.750. See also: Court-ordered mediation, Mediator certification, Roster.
Court-ordered mediation: Mediation a judge refers a pending case to, on the court's own motion or a party's request. Rules differ by state; in Texas, a party may file a written objection within 10 days of the court's notice. Source: Tex. Civ. Prac. & Rem. Code ch. 154 (Alternative Dispute Resolution Procedures). See also: Court-appointed mediator, Appearance at mediation, Mediation.

D

Dependency mediation: In Florida, mediation of dependency, child in need of services or family in need of services matters. The parties mainly do the negotiating; lawyers may attend, but their presence isn't required. Source: Fla. Stat. § 44.1011 (Definitions). See also: Family mediation, Guardian ad litem.
Domestic violence and mediation: Special limits that may apply when there has been domestic violence between the parties. Under Florida's family rule, the court may waive mediation entirely or order protections for the process and the parties' safety; other states have their own rules. Source: Florida Family Law Rules of Procedure (Oct. 1, 2026). See also: Family mediation, Court-ordered mediation.
Due process complaint: A formal complaint a parent or public agency may file under the federal special education law about a child's identification, evaluation, placement or free appropriate public education. Source: 34 C.F.R. § 300.507 (Filing a due process complaint), Legal Information Institute. See also: Special education mediation, Individualized education program (IEP).

E

EEOC mediation: A free, voluntary program in which a trained, neutral mediator helps an employee and employer try to resolve a charge of discrimination filed with the EEOC. If it does not resolve, the charge goes back for investigation. Source: U.S. EEOC, Questions and Answers About Mediation. See also: Charge of discrimination, Conciliation, Mediation.
Electronic signature: An electronic sound, symbol or process attached to or logically associated with a record and adopted by a person intending to sign it. This is the federal E-SIGN Act definition. Source: 15 U.S.C. § 7006 (E-SIGN Act definitions), govinfo.gov. See also: Settlement agreement, Remote mediation.
Enforceable agreement: A settlement agreement a court can enforce if a party fails to follow it. In Texas, for example, a written settlement agreement reached through ADR is enforceable in the same manner as any other written contract. Source: Tex. Civ. Prac. & Rem. Code ch. 154 (Alternative Dispute Resolution Procedures). See also: Settlement agreement, Partial agreement.
Equitable distribution: The way a court divides marital assets and debts in a divorce. Florida courts start from an equal split unless relevant factors justify an unequal one; rules differ by state. Source: Fla. Stat. § 61.075 (Equitable distribution). See also: Alimony, Marital settlement agreement.
Evaluative process: A process in which each side presents its case to a neutral who then evaluates its strengths and weaknesses. The purpose of neutral case evaluation is an objective, non-binding, confidential assessment. Source: Connecticut Judicial Branch, Alternative Dispute Resolution (ADR) Programs (Definitions). See also: Facilitative process, Neutral, Settlement conference.

F

Facilitative process: A process in which the neutral does not decide or evaluate the case, but helps the parties reach an agreement they find acceptable. Source: Connecticut Judicial Branch, Alternative Dispute Resolution (ADR) Programs (Definitions). See also: Evaluative process, Mediation.
Family mediation: Mediation of family matters such as divorce, property division, parental responsibility, child support, custody and visitation, for married and unmarried people, before and after judgment. This is Florida's statutory definition. Source: Fla. Stat. § 44.1011 (Definitions). See also: Parenting plan, Marital settlement agreement, Domestic violence and mediation.

G

Good faith participation: Taking part in mediation sincerely and constructively. New Jersey's civil mediation program, for example, requires attorneys and parties to make a good faith effort to cooperate with the mediator. Whether and how this is required varies by state. Source: New Jersey Courts, Civil Mediation. See also: Appearance at mediation, Self-determination.
Guardian ad litem: A person a court appoints to act in a child's best interest in a case, for example by investigating and interviewing people with information about the child's welfare. In Florida, a guardian ad litem is not the child's attorney or advocate. Source: Fla. Stat. § 61.403 (Guardians ad litem; powers and authority). See also: Child custody evaluation, Dependency mediation.

I

Impartiality: Acting without favoritism, bias or prejudice toward any party. Impartiality is one of the core principles of mediation, along with self-determination and confidentiality. Source: Maryland Judiciary (MACRO), Maryland Standards of Conduct for Mediators (eff. Jan. 1, 2020). See also: Neutral, Conflict of interest, Self-determination.
Impasse: The point at which mediation ends without an agreement. In Florida court-ordered mediation, the mediator declares an impasse or reports to the court that no agreement was reached. Source: Fla. Stat. § 44.102 (Court-ordered mediation). See also: Mediator report, Adjournment.
Indigent party: Unable to pay court costs or fees. In Florida's court-ordered mediation programs, no mediation fees are charged against a party found to be indigent; fee rules differ by state. Source: Fla. Stat. § 44.108 (Funding of mediation and arbitration). See also: Sliding fee scale, Mediator fees.
Individualized education program (IEP): A written statement for a child with a disability, developed, reviewed and revised under federal special education rules. Source: 34 C.F.R. § 300.22 (Individualized education program), Legal Information Institute. See also: Special education mediation, Due process complaint.

M

Marital settlement agreement: A written agreement in which divorcing spouses record how they've settled issues such as dividing property and paying joint debts. Florida's simplified dissolution procedure, for example, requires one; forms and requirements vary by state. Source: Florida Family Law Rules of Procedure (Oct. 1, 2026). See also: Equitable distribution, Alimony, Settlement agreement.
Mediation: A process in which a mediator facilitates communication and negotiation between parties to help them reach a voluntary agreement about their dispute. Source: Uniform Mediation Act as enacted in Washington, RCW ch. 7.07. See also: Mediator, Arbitration, Alternative dispute resolution (ADR).
Mediation communication: A statement, oral, written or nonverbal, made during a mediation or to consider, start, conduct, continue or reconvene one, or to hire a mediator. Laws like the Uniform Mediation Act protect these communications. Source: Uniform Mediation Act as enacted in Washington, RCW ch. 7.07. See also: Mediation privilege, Confidentiality.
Mediation privilege: A legal right to refuse to disclose, and to prevent others from disclosing, mediation communications in a later court or other proceeding. Under the Uniform Mediation Act, parties, mediators and nonparty participants each hold privileges, with exceptions. Source: Uniform Mediation Act as enacted in Washington, RCW ch. 7.07. See also: Mediation communication, Confidentiality, Uniform Mediation Act.
Mediator: An individual who conducts a mediation. The Uniform Mediation Act itself doesn't require a mediator to have any special qualification by background or profession; court programs may set their own. Source: Uniform Mediation Act as enacted in Washington, RCW ch. 7.07. See also: Mediation, Mediator certification, Neutral.
Mediator certification: A determination by a public or private body that a mediator meets its criteria, which may be based on observed skills, training and experience, or both. A training-completion certificate is not certification; requirements differ by state and court. Source: Maryland Judiciary (MACRO), Maryland Standards of Conduct for Mediators (eff. Jan. 1, 2020). See also: Mediator, Roster, Court-appointed mediator.
Mediator fees: What a mediator or program charges. Maryland's standards, for example, require fees to be reasonable and mediators to be truthful about them. Source: Maryland Judiciary (MACRO), Maryland Standards of Conduct for Mediators (eff. Jan. 1, 2020). See also: Sliding fee scale, Indigent party.
Mediator report: What a mediator may tell a court or agency about a mediation. Under the Uniform Mediation Act, a mediator generally can report only whether it occurred or ended, whether a settlement was reached, and attendance, not opinions or recommendations. Source: Uniform Mediation Act as enacted in Washington, RCW ch. 7.07. See also: Impasse, Confidentiality.
Mini-trial: An agreed ADR process in which each side presents its position to party representatives or an impartial third party to set up realistic settlement talks. Any advisory opinion is nonbinding unless the parties agree otherwise in writing. Source: Tex. Civ. Prac. & Rem. Code ch. 154 (Alternative Dispute Resolution Procedures). See also: Summary jury trial, Moderated settlement conference.
Moderated settlement conference: A Texas ADR process in which each side presents its position to a panel of impartial third parties, who may give a nonbinding advisory opinion on liability, damages or both. Source: Tex. Civ. Prac. & Rem. Code ch. 154 (Alternative Dispute Resolution Procedures). See also: Mini-trial, Settlement conference.

N

Neutral: A trained third party who has no stake in the outcome of a dispute and helps the parties toward resolution. Mediators and arbitrators are both neutrals. Source: Connecticut Judicial Branch, Alternative Dispute Resolution (ADR) Programs (Definitions). See also: Mediator, Impartiality, Alternative dispute resolution (ADR).
Nonbinding arbitration: Arbitration in which the arbitrator's award doesn't bind the parties unless they agreed in advance that it would; it serves as a basis for further settlement talks. Source: Tex. Civ. Prac. & Rem. Code ch. 154 (Alternative Dispute Resolution Procedures). See also: Arbitration, Binding arbitration, Award.
Nonparty participant: Someone other than a party or the mediator who participates in a mediation. Under the Uniform Mediation Act, they have their own privilege over their mediation communications. Source: Uniform Mediation Act as enacted in Washington, RCW ch. 7.07. See also: Party, Mediation privilege.

O

Opening statement: A brief presentation early in a mediation session in which each side describes the issues from its own perspective. In New Jersey's civil program, for example, attorneys may give opening summaries and clients also get a chance to speak. Source: New Jersey Courts, Civil Mediation. See also: Caucus, Mediation.

P

Parenting coordinator: An impartial third party, appointed by the court or agreed to by the parents, who helps them create or carry out a parenting plan. Florida defines the role by statute; other states use different titles and rules. Source: Fla. Stat. § 61.125 (Parenting coordination). See also: Parenting plan, Time-sharing schedule.
Parenting plan: A document governing how parents will make decisions about their minor child, such as education and health care, including a time-sharing schedule. This is Florida's definition; terms and requirements vary by state. Source: Fla. Stat. § 61.046 (Definitions). See also: Time-sharing schedule, Shared parental responsibility, Parenting coordinator.
Partial agreement: An agreement that settles some, but not all, of the issues in a mediation. Under Florida's rules, a partial agreement, like a full one, must be put in writing and signed by the parties. Source: Florida Rules of Civil Procedure (Oct. 1, 2026), Rules 1.700–1.750. See also: Settlement agreement, Impasse.
Party: A person who takes part in a mediation and whose agreement is needed to resolve the dispute. Others who take part are nonparty participants. Source: Uniform Mediation Act as enacted in Washington, RCW ch. 7.07. See also: Nonparty participant, Self-determination.
Private mediation: Mediation the parties arrange themselves with an ADR provider they choose, rather than through a court program. Connecticut's courts, for example, don't keep rosters of or endorse private ADR providers. Source: Connecticut Judicial Branch, Alternative Dispute Resolution (ADR) Programs (Definitions). See also: Court-ordered mediation, Mediator fees.
Pro se: Representing yourself in a court case without a lawyer; also called self-represented. Florida's family law rules note the large number of pro se litigants (parties without counsel) in family cases. Source: Florida Family Law Rules of Procedure (Oct. 1, 2026). See also: Party, Family mediation.

R

Remote mediation: Mediation held by audio or video technology instead of in person. Florida's rules, for example, allow it when the referral order, the parties' agreement or a court order provides for it; rules vary by state and court. Source: Florida Rules of Civil Procedure (Oct. 1, 2026), Rules 1.700–1.750. See also: Electronic signature, Appearance at mediation.
Roster: An official list of mediators a court or agency keeps for referrals or appointments. In Florida, each circuit's chief judge keeps a list of Supreme Court-certified mediators registered there. Source: Fla. Stat. § 44.102 (Court-ordered mediation). See also: Mediator certification, Court-appointed mediator.

S

Self-determination: The parties' opportunity to make voluntary, uncoerced and informed decisions, including whether to settle and on what terms. Mediators must respect it and not pressure parties to settle. Source: Maryland Judiciary (MACRO), Maryland Standards of Conduct for Mediators (eff. Jan. 1, 2020). See also: Impartiality, Party, Good faith participation.
Settlement: An agreement that ends a dispute or lawsuit. Source: Connecticut Judicial Branch, Alternative Dispute Resolution (ADR) Programs (Definitions). See also: Settlement agreement, Settlement conference.
Settlement agreement: The written terms the parties agree to at the end of a successful mediation. Under Florida's civil rules, it must be signed by each party or a representative with authority; electronic signatures are allowed. Source: Florida Rules of Civil Procedure (Oct. 1, 2026), Rules 1.700–1.750. See also: Partial agreement, Enforceable agreement, Electronic signature.
Settlement conference: A meeting where the people in a court dispute or their lawyers try to settle with an impartial person, often a judge or experienced lawyer, who may evaluate the case and recommend terms. Source: Maryland Courts, Mediation and Alternative Dispute Resolution (ADR). See also: Evaluative process, Settlement.
Shared parental responsibility: In Florida, a court-ordered arrangement in which both parents keep full parental rights and responsibilities and make major decisions about their child together. Terms vary by state. Source: Fla. Stat. § 61.046 (Definitions). See also: Parenting plan, Time-sharing schedule.
Sliding fee scale: A fee that changes based on a person's income or ability to pay. Some court, government and community mediation programs use one or are free, while private mediation is usually billed hourly and divided among the participants. Source: Maryland Courts, Mediation and Alternative Dispute Resolution (ADR). See also: Mediator fees, Indigent party.
Small claims: A simpler court procedure for smaller money disputes. In Florida, it covers civil county court cases seeking up to $8,000; limits vary by state. Source: Florida Small Claims Rules, Rule 7.010. See also: County court mediation.
Special education mediation: Free, voluntary mediation that states must offer parents and schools for disputes under the federal special education law, conducted by a qualified and impartial mediator. Agreements are written, signed and enforceable in court. Source: 34 C.F.R. § 300.506 (IDEA mediation), Legal Information Institute. See also: Individualized education program (IEP), Due process complaint.
Summary jury trial: An ADR process in which each side presents its case to a panel of jurors (six unless the parties agree otherwise), who may give a nonbinding advisory opinion to help settlement talks. Source: Tex. Civ. Prac. & Rem. Code ch. 154 (Alternative Dispute Resolution Procedures). See also: Mini-trial, Moderated settlement conference.

T

Time-sharing schedule: In Florida, the timetable in a parenting plan that sets when a child spends time with each parent, including overnights and holidays. Terms vary by state. Source: Fla. Stat. § 61.046 (Definitions). See also: Parenting plan, Shared parental responsibility.

U

Uniform Mediation Act: A uniform law drafted for states to adopt that makes mediation communications privileged, limits mediator reports to courts and requires mediators to disclose conflicts. Washington and some other states have enacted it; others use their own laws. Source: Uniform Mediation Act as enacted in Washington, RCW ch. 7.07. See also: Mediation privilege, Mediation communication, Confidentiality.

General information, not legal advice. Spotted an error? Tell us.