ALTERNATIVE DISPUTE RESOLUTION (ADR) Refers to dispute resolution procedures utilized outside of court, cost effective litigation management and litigation prevention techniques
BRAINSTORMING The process of inventing options and developing alternatives towards achieving a settlement. This is an open forum where neither party is obligated with respect to the ideas generated
CONFIDENTIALITY Private matters discussed and held in confidence by the neutral third party
FACILITATE To make easy or easier...to lighten the work of; assist; help [Webster's New World Dictionary]
FACT FINDING Informal process whereby a neutral third party investigates the question in issue and submits a report or testifies in court.
INTERESTS Concerns, desires, wants. What caused people to take a position
NEUTRAL Impartial Third Party; a disinterested party with no "connection" to the matter
POSITIONS What people in a dispute want; something decided upon
WIN - WIN A proposition in which both sides of a dispute have had an opportunity to explore positions, interests and options for resolution, and ultimately structure an agreement that has "appeal" to both