Because Every Dispute Deserves A Resolution
Contact UsNavigating the world of civil mediation can feel overwhelming, especially if you’re unfamiliar with the legal terms and phrases often used. This page is here to help. We’ve broken down common mediation terms into simple, easy-to-understand explanations so you can feel more confident and informed throughout the process. Whether you’re just exploring mediation or already involved in a dispute, this glossary is designed to support you every step of the way.
Authority To Settle
The power or ability to make a legally binding agreement during negotiations. In mediation, both parties retain control over the outcome, while in arbitration, the arbitrator has the authority to impose a final decision.
Civil Law
The area of law that governs disputes between individuals, businesses, and organisations, such as contract disputes, consumer rights, and service-related disagreements. This differs from criminal law, family law, or public law, which deal with government agencies or legal penalties.
Civil Mediation
A form of mediation used to resolve civil law disputes, such as contract breaches, unpaid debts, or issues with goods and services. It provides a voluntary, confidential, and cost-effective alternative to litigation.
Arbitration
A more formal dispute resolution process where a neutral third party (the arbitrator) listens to both sides and makes a legally binding decision. Unlike mediation, where parties negotiate their own settlement, arbitration results in a ruling that must be followed.
Ombudsman
An independent person or organization appointed to investigate complaints against businesses, public bodies, or service providers. The term “ombud” is a gender-neutral alternative to “ombudsman.” Ombuds services are often used in consumer disputes and public sector complaints.
Legally Binding
An agreement that is enforceable by law. If you sign a legally binding settlement agreement or receive a ruling from an arbitrator, you are required to comply. Failure to do so may result in legal enforcement through the courts.
Position Statement
A written summary outlining a party’s stance on the key issues to be discussed during mediation or arbitration. It helps clarify each side’s perspective before the negotiation begins.
Settlement Agreement
A formal document outlining the terms of an agreement reached in mediation. If both parties agree, it becomes legally enforceable. In arbitration, the arbitrator’s decision may also be recorded in a legally binding agreement.
Without Prejudice
A legal term meaning that statements or offers made during mediation cannot be used against a party in court. This encourages open discussion and negotiation without fear of later repercussions