mediation questions

Question 1

if one of the parties is not negotiating in good faith the mediator may…

Answer 1

tell the court ordering the mediation

Question 2

mediator MAY tell the court ordering the mediation that…

Answer 2

one of the principles at the mediation does not have the authority to settle

Question 3

if a party does not negotiate in good faith, the court may order them to…

Answer 3

pay for the mediation if the party did not object to the reference to mediation

Question 4

if an instance that includes elder abuse is disclosed in mediation it must be…

Answer 4

furhter disclosed

Question 5

if a mediator is sued for his conduct during mediation he is NOT bound by confidentiality and may…

Answer 5

testify concerning the alleged conduct

Question 6

the policy behind the parties mediation privilege is to…

Answer 6

promote the settlement of lawsuits

Question 7

a subpoena issued by both parties directed to the mediator to testify concerning the mediation…

Answer 7

may NOT be ignored by the mediator

Question 8

a signed mediation settlement agreement is…

Answer 8

a contract

Question 9

a party may appear at a court ordered mediation without his attorney and…

Answer 9

NOT be in contempt of the court order

Question 10

a mediation settlement agreement is enforced using…

Answer 10

the same procedures as enforcement of any contract

Question 11

If there is a dispute concerning exactly what the agreement was following the mediation and one party brings suit to annul the agreement the other party …

Answer 11

may testify

Question 12

The final agreement following mediation is not confidential unless…

Answer 12

the parties agree that it is

Question 13

The concept of lawyering includes representation in adversarial and non-adversarial situations, for which what skills are needed?

Answer 13

competitive and collaborative

Question 14

It is unethical for a mediator to set his fees based on…

Answer 14

whether or not an agreement is reached

Question 15

If a mediator becomes so enraged at the conduct of one of the parties that he is no longer neutral he should…

Answer 15

resign as mediator in that case

Question 16

Advantages of caucus mediation include…

Answer 16

• opportunity for the mediator to establish rapport and deeper communication with each party
• explore hidden agendas.

Question 17

Uncovering motivation for positions taken (key to interest-based or problem solving bargaining) can occur in joint sessions because…

Answer 17

the advocate can ask questions directly to the other party

Question 18

A neutral may refuse to testify by filing a…

Answer 18

motion to quash the subpoena

Question 19

The primary goal of the analytical style of mediation is NOT…

Answer 19

improving the quality of infromation

Question 20

parties can request a caucus with the mediator while…

Answer 20

in joint session

Question 21

In Texas there is a valid claim of privilege for the mediator under

Answer 21

§ 154.073(b) Texas Civil Practice and Remedies Code

Question 22

The core purpose of performative mediation is…

Answer 22

for the mediator to help the parties convert their respective monologues into dialogues
- whether telling conflict stories or repeating their personal demands

Question 23

communication skills include…

Answer 23

• effective listening
• reframing statements from the other side
• dealing effectively with emotions
• building rapport

Question 24

Research confirms that negotiators with a higher perspective-taking ability negotiate agreements with…

Answer 24

higher value than those with lower perspective-taking ability

Question 25

5 sources of conflict

Answer 25

- data - values - structural issues - relationship problems - interests

Question 26

Each of the 5 conflict styles can be effectively used, but should be...

Answer 26

appropriate for the conflict situation and should be a deliberate choice by mediators and parties

Question 27

As a mediator, use of techniques of persuasion, such as deliberately using persuasive words (money, save, you) can enhance your ability to...

Answer 27

help clients resolve their case

Question 28

4 approaches to negotiation are explained in the Holbrook text:

Answer 28

- performative - transformative - distributive/linear - integrative

Question 29

in TX the mediator should do what with the final written settlement agreement for pro-se parties?

Answer 29

NOT unilaterally create the final written settlement agreement

Question 30

3 traditional approaches for mediators

Answer 30

- transformative - directive - facilitative

Question 31

The neutrality of a mediator can be doubted by the parties if...

Answer 31

the mediator has an undisclosed stake in the outcome or has an undisclosed close relationship with one of the parties

Question 32

Making threats, demands, and digging into positions are adversarial, distributive tactics that mediation advocates should...

Answer 32

never use to show confidence that they will prevail in court

Question 33

Effective mediation advocacy and due diligence require preparation before the mediation session, such as...

Answer 33

- factual and legal research - strategy for settlement - preparation of the client for joint and caucus sessions - preparation of a representation plan for the mediator - use of an advocacy style that is conciliatory and collaborative

Question 34

these are NOT examples of resolving conflict through the use of power...

Answer 34

private and public adjudication

Question 35

The mediator’s role does not include...

Answer 35

assessor of the financial value of each party’s case

Question 36

If the mediator discovers she is connected personally, financially, or professionally to any participant in the mediation, that information must be...

Answer 36

fully disclosed to all parties ASAP | - if both parties still want the mediator to serve, she may

Question 37

Active listening is NOT...

Answer 37

concentrating on the answer you will give to the other party’s position statement

Question 38

Mediators should question the parties concerning their needs, feelings, concerns, values, or perceptions, in...

Answer 38

caucus and joint session

Question 39

Collaborating is the conflict style that is...

Answer 39

assertive and empathetic

Question 40

When collaborating is not effectively resolving a conflict what other method should be used?

Answer 40

compromising is a fall back style which can allow both sides to find a solution that seems fair, although not optimal

Question 41

The issues in any dispute are NOT the same as...

Answer 41

the interests of the parties

Question 42

Traditionally, positional bargaining has been used synonymously with distributive negotiation but the Holbrook text states that distributive negotiation is...

Answer 42

an economically rational strategy that only sometimes employs positional bargaining tactics including deception, intimidation, and manipulation

Question 43

If a lawyer appears at a court ordered mediation but his client does not appear and the other party agrees...

Answer 43

this is not contempt of court

Question 44

Much of the mediation process involves, direct, subtle, verbal, and particularly, non-verbal communication. Thus mediation advocates should prepare their clients...

Answer 44

carefully for their participation in joint and in caucus session

Question 45

The sequence of stages in mediation usually contemplates that reality testing and bargaining will occur AFTER...

Answer 45

issue and interest identification

Question 46

Human needs or interests, only one of which is money, motivate positions taken by a party in mediation. These interests include...

Answer 46

- concerns - hopes - expectations - perceptions - attitudes - beliefs - values - feelings

Question 47

A detailed agenda of the specific issues to be resolved in mediation and the order in which they will be discussed is...

Answer 47

an important first step in the mediator’s tool box

Question 48

The Johari Window is a tool that can be developed and employed in any negotiation or mediation. It includes 4 categories of self-expression...

Answer 48

1. the public area: information that is openly known 2. the hidden area: information known to others but not known to me 3. what we don't know we don't know 4. the private area: information we know but choose to keep hidden from others

Question 49

The Johari Window suggests 5 character traits and related behaviors (counter intuitively) should be developed by mediation advocates because they are very useful in conflict resolution...

Answer 49

- humility - trustworthiness - curiosity - open-mindedness - courage

Question 50

competing

Answer 50

- most assertive | - least cooperative

Question 51

collaborating

Answer 51

- win win - more joint satisfaction - high on assertiveness and cooperation

Question 52

compromising

Answer 52

- in the middle of cooperation and assertiveness

Question 53

avoiding

Answer 53

- least assertive | - least cooperative

Question 54

accommodating

Answer 54

- more cooperative | - less assertive

Question 55

evaluative style

Answer 55

has added risk of mediator predicting outcome

Question 56

facilitation

Answer 56

collaborative process used to help a group of individuals with divergent views reach a goal or complete a task to all parties satisfaction

Question 57

arbitration

Answer 57

disputed issue referred to 3rd party who renders decision after hearing arguments and reviewing evidence

Question 58

interest based negotiation

Answer 58

- people - power - position - interests - alternatives - options - standards - closure - implementation

Question 59

mediators role when drafting an agreement

Answer 59

refrain from drafting and avoid making comments or suggestions regarding particular language