Kahoot - Mediation Flashcards
(18 cards)
Which of the following is REQUIRED to attend mediation on behalf of insured corporate defendant?
a. The CEO of the corporation
b. The risk manager of the corporation
c. An insurance adjuster with full on-site settlement authority
d. The Board of Directors
c. An insurance adjuster with full on-site settlement authority
True or False
A mediation settlement agreement is an enforceable contract
True
When can a case be referred to mediation?
a. At any time upon order of the presiding judge
b. Only after all discovery has been completed
c. At any time upon agreement of the parties
d. Both a and c
d. Both a and c
What is the LATEST that mediation can be held following an order of referral to mediation?
a. Within 60 days of the order of referral
b. Within 90 days of the order of referral
c. Within 30 days of the order of referral
d. Within 45 days of the order of referral
a. Within 60 days of the order of referral
What are the potential outcomes of a mediation conference?
a. Settlement
b. Impasse/no agreement
c. Adjournment
d. All of the above
d. All of the above
What is the BEST PRACTICE for responding to a party that repudiates a signed, written mediation settlement agreement?
a. Proceed to trial
b. Ask opposing counsel to pay the mediation fee
c. File a motion to compel enforcement of mediation settlement agreement
d. None of the above
c. File a motion to compel enforcement of mediation settlement agreement
What is the latest date that you can complete a mediation that was adjourned and not resolved?
a. 45 days after the first mediation conference
b. 30 days after the first mediation conference
c. 60 days after the first mediation conference
d. 90 days after the first mediation conference
a. 45 days after the first mediation conference
What recourse do you have if your client believes that the court ordered mediator is biased?
a. File a motion to disqualify the mediator
b. Refuse to participate in the mediation
c. Call the court to explain that your client objects to the mediator
d. None of the above
a. File a motion to disqualify the mediator
What is your remedy if the opposing party’s mediation representative does not have full, on-site settlement authority?
a. File a motion to strike the defendant’s pleadings
b. File a motion for sanctions (mediation fees, attorney’s fees and costs)
c. Proceed to trial
d. None of the above
b. File a motion for sanctions (mediation fees, attorney’s fees and costs)
True or False
Any party can move to disqualify a mediator for good cause
True
What is the LATEST that you can file a motion to dispense with mediation?
a. No later than 10 days from the order of referral to mediation
b. No later than 15 days from the order of referral to mediation
c. No later than 20 days from the order of referral to mediation
d. No later than 30 days from the order of referral to mediation
b. No later than 15 days from the order of referral to mediation
True or False
Mediation may NOT take place through communication technology
False
What is the LATEST that a party can file a certificate of mediation authority?
a. No later than 30 days before the mediation conference
b. No later than 20 days before the mediation conference
c. No later than 15 days before the mediation conference
d. No later than 10 days before the mediation conference
d. No later than 10 days before the mediation conference
True or False
Parties may object to the mediator’s rate of compensation within 15 days of the order of referral
True
How can parties participate in mediation?
a. In person
b. Via “communication technology”
c. A combination of in person attendance and communication technology
d. All of the above
d. All of the above
True or False
A mediation settlement agreement must be signed by the parties in order to be enforceable
True
True or False
A case CANNOT be referred to mediation until discovery has been completed
False
True or False
A represented party’s counsel of record is REQUIRED to attend mediation
True
