A glossary of mediation terms
Key terms, defined plainly, so the language of the process is never a barrier to understanding it.
Mediation
A private, voluntary process in which a neutral mediator helps people in a dispute reach their own agreement, rather than having a decision imposed on them.
Mediator
The neutral person who guides the conversation. A mediator does not take sides, does not decide the outcome, and does not represent anyone.
Neutral
Impartiality toward everyone at the table. A mediator serves the whole process, helping each person be heard and understood.
Voluntary
Participation in mediation is by choice. Anyone may decline, and the process depends on everyone taking part in good faith.
Confidentiality
The principle that what is discussed in mediation stays private. In California, specific legal protections apply to mediation communications, subject to limits.
Caucus
A private conversation between the mediator and one party, held separately so that sensitive concerns can be explored candidly.
Joint session
A meeting where all parties are present together with the mediator to discuss issues and explore options.
Interests and positions
A position is what someone says they want. An interest is the underlying need behind it. Mediation focuses on interests, where agreement is usually found.
Good faith
Engaging honestly and constructively, with a genuine willingness to listen and to look for workable solutions.
Impasse
A point where progress stalls. Skilled mediation often finds a way through an impasse by reframing the issue or surfacing a new option.
Ground rules
The shared agreements about how people will speak and listen during sessions, which keep the conversation respectful and productive.
Memorandum of understanding
A written summary of the terms the parties have agreed to. Parties are encouraged to have it reviewed by independent legal counsel.
Facilitative mediation
A style in which the mediator focuses on guiding communication and helping the parties generate their own solutions.
Co-parenting plan
A structured agreement between parents covering schedules, communication, and decision-making, centered on the children's wellbeing.
Online mediation
Mediation conducted securely by video, preserving the same structure and confidentiality as meeting in person.
Party
Anyone directly involved in the matter being mediated.
Settlement
The agreement the parties reach that resolves some or all of the issues between them.
Binding and non-binding
Whether an agreement is legally enforceable. This depends on your circumstances and the steps taken afterward, which is why independent legal review matters.
Schedule a private consultation
Every matter begins with a confidential conversation. There is no obligation, and nothing is decided until you are ready.
Confidential. By appointment. In person across the West Valley and Conejo Valley, or securely online.