Glossary of commonly used terms
Welcome to our glossary covering terms commonly used in mediation, workplace investigations, and critical incident reviews. While not exhaustive, this resource provides valuable insights into key terminology essential for navigating these crucial aspects of organisational management and conflict resolution. Understanding these terms is paramount for ensuring effective communication, promoting transparency, and facilitating informed decision-making processes. Whether you’re an HR professional, a legal practitioner, or an organisational leader, this glossary serves as a valuable tool to enhance your understanding and proficiency in addressing workplace issues and promoting a culture of fairness, accountability, and resolution.
ADR (Alternative Dispute Resolution)
Methods of resolving conflicts outside of the traditional court system, including mediation.
Adjudication
Resolving disputes through a formal legal process, such as a court trial.
Allegation
A claim or accusation of wrongdoing, misconduct, or violation of workplace policies or laws, typically triggering a formal investigation process.
Arbitration
A method of dispute resolution where a neutral third party makes a binding decision.
BATNA (Best Alternative to a Negotiated Agreement)
The best outcome a party could achieve if they do not reach an agreement through mediation.
Caucusing
Separate meetings between the mediator and each party to discuss issues confidentially.
Closure
The formal conclusion of a workplace investigation or critical incident review, often marked by the issuance of a final report, communication of findings and recommendations, and implementation of corrective actions or disciplinary measures as necessary.
Cognitive Dissonance
A psychological term referring to the discomfort of holding conflicting beliefs.
Collaborative Law
A legal process where parties and their attorneys work together to reach a resolution.
Communication Skills
Mediator’s proficiency in facilitating effective communication between parties.
Complainant
The individual who files a complaint or allegation of misconduct, discrimination, harassment, or other workplace issues, often initiating a workplace investigation.
Compliance
Parties adhering to the terms of the mediated agreement.
Conflict Resolution
The process of addressing and settling disputes between parties.
Confidentiality
The principle of safeguarding sensitive information obtained during a workplace investigation or critical incident review, protecting the privacy and rights of individuals involved, and maintaining trust and integrity in the process.
Critical Incident Review
A comprehensive examination of a significant workplace event or incident, often involving a thorough analysis of the circumstances, contributing factors, response actions, and lessons learned.
Cultural Competence
The mediator’s ability to understand and navigate cultural differences.
Empathy
The ability to understand and share the feelings of another.
Ethical Guidelines
Standards of conduct that mediators adhere to during the mediation process.
Evidence
Information, documents, records, or other materials gathered during a workplace investigation or critical incident review, used to support findings, conclusions, or recommendations.
Facilitation
The act of helping parties communicate and reach a resolution without giving advice or making decisions.
Facilitative Mediation
A style of mediation where the mediator guides the process but does not offer solutions.
Facilitative Skills
Techniques used by a mediator to guide communication and understanding.
Fairness
Ensuring that all parties involved in a workplace investigation or critical incident review are treated impartially, with respect, and in accordance with applicable laws, policies, and procedures.
Finality
The conclusive nature of the agreement reached in mediation.
Findings
Conclusions reached by investigators or reviewers based on the evidence collected and analysed during a workplace investigation or critical incident review, often summarized in a formal report.
Full Disclosure
The obligation of parties to provide all relevant information during mediation.
Good Faith
The sincere intention of all parties to actively engage in the mediation process.
Impartial Intervention
The mediator’s involvement to address imbalances and ensure fair treatment.
Impartiality
The mediator’s commitment to being unbiased and treating all parties fairly.
Impasse
A point in mediation where parties are unable to reach an agreement.
Incident Report
Documentation detailing a workplace incident, including relevant information such as the date, time, location, individuals involved, witnesses, and a description of the event.
Interest-Based Negotiation
Focusing on the underlying needs and interests of the parties rather than their positions.
Interview
A structured conversation conducted by investigators with individuals relevant to a workplace investigation or critical incident review, aimed at gathering information, clarifying details, and obtaining statements.
Investigation
A systematic process conducted by an organization to gather information and facts regarding allegations or incidents of misconduct, discrimination, harassment, or other workplace issues.
Joint Memorandum
A document summarizing the agreements made during mediation.
Joint Session
A meeting where all parties involved in the dispute come together with the mediator.
Mediation
The process of resolving disputes or conflicts with the assistance of a neutral third party.
Mediation Agreement
The written document outlining the agreed-upon terms reached in mediation.
Mediator
A neutral person facilitating communication and negotiation between parties in dispute.
Multi-Party Mediation
Mediation involving more than two parties in a dispute.
Negotiation
The process of discussing issues to reach an agreement.
Neutral Ground
A setting that is impartial and conducive to productive communication during mediation.
Non-Binding
A decision or agreement in mediation that is not legally enforceable.
Opening Offer
The initial proposal made by one party at the beginning of negotiations.
Opening Statement
The mediator’s introduction of the mediation process and its guidelines.
Power Imbalance
When one party has significantly more influence or resources than the other.
Pre-mediation
Initial preparations and discussions before the formal mediation session.
Private Session
A meeting between the mediator and one party without the other party present.
Procedural Fairness
Ensuring that the mediation process is conducted fairly and transparently.
Recommendations
Actionable suggestions or proposals made by investigators or reviewers in response to findings from a workplace investigation or critical incident review, aimed at addressing issues, preventing future incidents, and improving workplace processes or policies.
Regulatory Compliance
Ensuring that workplace investigations and critical incident reviews adhere to relevant laws, regulations, and organizational policies to maintain legal and ethical standards.
Remediation
Corrective actions or measures implemented based on recommendations from a workplace investigation or critical incident review to address identified issues and prevent recurrence.
Report
A formal document summarizing the findings, conclusions, and recommendations resulting from a workplace investigation or critical incident review.
Resolution
The final outcome or settlement of the dispute.
Respondent
The individual who is the subject of a complaint or allegation in a workplace investigation, typically required to provide a response or explanation regarding the allegations.
Restorative Justice
A mediation approach that emphasizes repairing harm and restoring relationships.
Review Panel
A group of individuals tasked with overseeing and conducting a critical incident review, ensuring objectivity, thoroughness, and adherence to established procedures.
Root Cause Analysis
A systematic approach used during critical incident reviews to identify underlying causes or contributing factors leading to a workplace incident, enabling targeted remediation efforts.
Risk Management
Strategies and processes implemented by organizations to identify, assess, and mitigate risks associated with workplace incidents, aiming to prevent harm and maintain business continuity.
Shuttle Diplomacy
The mediator’s movement between parties to convey offers and counteroffers.
Stakeholder Engagement
Involving relevant parties, such as employees, management, and external stakeholders, in the workplace investigation or critical incident review process to gather diverse perspectives and foster transparency.
Stalemate
A situation where no progress is being made in the mediation process.
Timeline
A chronological sequence of events related to a workplace incident, documented and analyzed during an investigation or critical incident review to establish a clear understanding of the sequence of events.
Training and Education
Providing employees, managers, and investigators with knowledge and skills necessary to conduct effective workplace investigations and critical incident reviews, ensuring compliance and proficiency.
Transformative Mediation
A mediation approach that aims to empower parties and transform their relationship.
Whistleblower
An individual who reports or exposes misconduct, illegal activities, or ethical violations within an organization, often protected by laws or policies to encourage reporting without fear of retaliation.
Win-Win
A resolution that benefits all parties involved in mediation.
Withdrawal
A party’s decision to leave the mediation process.
Witness
An individual who has observed or has information relevant to a workplace incident or investigation and is interviewed by investigators to provide their account of events.
Workplace Culture
The shared values, norms, and behaviours prevalent within an organization, influencing attitudes toward workplace incidents, reporting mechanisms, and response strategies.
ZOPA (Zone of Possible Agreement)
The range within which an agreement is possible between parties.