Purchase a course multi-pack for yourself or a friend and save up to 50%!
5-COURSE MULTI-PACK $180
10-COURSE MULTI-PACK $300
Accelerated 1-year bachelor's program
Question 1
When parties "stipulate" some fact they:
Correct
Incorrect!
Correct If parties agree to stipulate a statement or a fact, they agree to proceed as if it is true, absent any need to demonstrate its truth. In other words, in order to save everyone time and energy, parties will usually formally agree to accept as true certain undeniable, and usually (but not always) relatively unimportant, facts.
Incorrect! If parties agree to stipulate a statement or a fact, they agree to proceed as if it is true, absent any need to demonstrate its truth. In other words, in order to save everyone time and energy, parties will usually formally agree to accept as true certain undeniable, and usually (but not always) relatively unimportant, facts.
Correct
Incorrect!
Correct
Incorrect!
Question 2
As discussed in the mediation materials, parties may voluntarily choose to mediate a cause of action rather than pursue litigation. In order to begin mediation, the initiating party must:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct In the hypothetical, Joe emails Rock and suggests they try mediation. This is just fine. A party can communicate his desire to mediate in any form ' email, 'snail mail,' telephone, in person, carrier pigeon, etc. ' because the process of voluntary mediation generally has no hard and fast rules, and is independent of any court or statutory system.
Incorrect! In the hypothetical, Joe emails Rock and suggests they try mediation. This is just fine. A party can communicate his desire to mediate in any form ' email, 'snail mail,' telephone, in person, carrier pigeon, etc. ' because the process of voluntary mediation generally has no hard and fast rules, and is independent of any court or statutory system.
Question 3
True or false: It is impermissible, as against public policy, to use mediation as a negotiation chip and threaten to refuse mediation unless certain conditions are agreed to.
Correct
Incorrect!
Correct Rock, and his client Conrad, could have taken the position that they agree to mediation, but only if the opposing party agrees to pay the entire cost. If the opposing party refuses the condition, Rock and Conrad can adjust their position, or the case could go to trial. Regardless, nothing here violates the sanctity of the process such that the goal of helping to alleviate strain on the judicial system is interfered with in such a way as to warrant court intervention.
Incorrect! Rock, and his client Conrad, could have taken the position that they agree to mediation, but only if the opposing party agrees to pay the entire cost. If the opposing party refuses the condition, Rock and Conrad can adjust their position, or the case could go to trial. Regardless, nothing here violates the sanctity of the process such that the goal of helping to alleviate strain on the judicial system is interfered with in such a way as to warrant court intervention.
Question 4
Before mediation begins, the parties must:
Correct
Incorrect!
Correct
Incorrect!
Correct Although the parties in the hypothetical did enter into a written mediation agreement, and although such an agreement is a wise idea, it is not a requirement. The only true requirement for voluntary mediation is that there be a mediator!
Incorrect! Although the parties in the hypothetical did enter into a written mediation agreement, and although such an agreement is a wise idea, it is not a requirement. The only true requirement for voluntary mediation is that there be a mediator!
Correct
Incorrect!
Question 5
Mediators are:
Correct
Incorrect!
Correct Although the idea offered by the mediator in the hypothetical may be a bit far-fetched, mediators are expected to act as solution seekers and are therefore not usually constrained from encouraging parties to seek alternatives which the parties themselves might not have thought of. The mediator, however, must remain neutral, and cannot therefore conduct mediation so as to help a weaker party.
Incorrect! Although the idea offered by the mediator in the hypothetical may be a bit far-fetched, mediators are expected to act as solution seekers and are therefore not usually constrained from encouraging parties to seek alternatives which the parties themselves might not have thought of. The mediator, however, must remain neutral, and cannot therefore conduct mediation so as to help a weaker party.
Correct
Incorrect!
Correct
Incorrect!
Question 6
True or false: Mediation is a one day, one shot process. If there is no agreement reached during the mediation proceedings that day, the parties have no choice but to go to trial.
Correct
Incorrect!
Correct Although in this hypothetical we were faced with a single-day mediation scenario, mediation can go on for extended periods. A lengthy and costly mediation might still be quicker and cheaper than trial would have been.
Incorrect! Although in this hypothetical we were faced with a single-day mediation scenario, mediation can go on for extended periods. A lengthy and costly mediation might still be quicker and cheaper than trial would have been.