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Question 1
Franklin and Benjamin are embroiled in a bitter battle over who owns the rights to "Franklin's Butter Barn," a local creamery. There is a lawsuit pending, but the clogged local court system will not permit a judge to hear their case for some time. They are thinking about alternatives which will allow a disinterested party to make a fair and impartial determination of who owns what. Which of the following accurately lists the alternatives which will meet this goal?
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Neither mediation nor negotiation will provide a neutral party who will decide on an outcome. Mediation is not binding, and the mediator's role is simply to facilitate negotiation. When we move into the materials on arbitration, the parties will see that as an option which meets their goals here.
Incorrect! Neither mediation nor negotiation will provide a neutral party who will decide on an outcome. Mediation is not binding, and the mediator's role is simply to facilitate negotiation. When we move into the materials on arbitration, the parties will see that as an option which meets their goals here.
Question 2
Which of the following is an activity in which mediators do NOT engage?
Correct
Incorrect!
Correct Mediators do not, of their own accord, restrict the way in which parties can resolve their differences. In fact, they do just the opposite, by ensuring that parties understand the ramification of continuing with litigation and by helping parties develop solutions which might have otherwise been ignored. Of course, in their role as communication facilitators, mediators often need to help the parties maintain their focus and stay on topic, but this is not the same as limiting possible solutions.
Incorrect! Mediators do not, of their own accord, restrict the way in which parties can resolve their differences. In fact, they do just the opposite, by ensuring that parties understand the ramification of continuing with litigation and by helping parties develop solutions which might have otherwise been ignored. Of course, in their role as communication facilitators, mediators often need to help the parties maintain their focus and stay on topic, but this is not the same as limiting possible solutions.
Correct
Incorrect!
Correct
Incorrect!
Question 3
Alex and Brian are opposing parties who must attempt mediation before the court will hear their case. During the mediation sessions, the bickering is so constant that the mediator would like nothing more than to ask the parties to cease discussion. True or false: Because the mediator thinks she has heard enough to make her decision, she can properly instruct the parties to end their heated "discussion."
Correct
Incorrect!
Correct Remember, mediators do not make decisions. Therefore, how much information the mediator has or needs is not relevant here. Note, that it would be permissible for the mediator to suggest that they shut down the session because she believed the parties would never reconcile, but mediators cannot end sessions simply because they think they've heard enough.
Incorrect! Remember, mediators do not make decisions. Therefore, how much information the mediator has or needs is not relevant here. Note, that it would be permissible for the mediator to suggest that they shut down the session because she believed the parties would never reconcile, but mediators cannot end sessions simply because they think they've heard enough.
Question 4
Mediation is a process which:
Correct
Incorrect!
Correct Although mediation was, at one time, a purely voluntary alternative means of resolving disputes, it is becoming increasingly popular for judicial departments to establish mandatory mediation programs. Of course, even mandatory mediation is non-binding, and the success of the process depends on the extent to which the parties are willing to settle their differences without a decision being forced upon them.
Incorrect! Although mediation was, at one time, a purely voluntary alternative means of resolving disputes, it is becoming increasingly popular for judicial departments to establish mandatory mediation programs. Of course, even mandatory mediation is non-binding, and the success of the process depends on the extent to which the parties are willing to settle their differences without a decision being forced upon them.
Correct
Incorrect!
Correct
Incorrect!
Question 5
The guidelines which mediators must follow are:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct There is no FMA, nor is there any federal or state law controlling mediation at large. There is legislation which affects mediation in some circumstances, which goes back as far as the Arbitration Act of 1888, but even the various modern acts fail to impose requirements on all forms of mediation. Of course, when mediation is court mandated, there are guidelines which must be followed.
Incorrect! There is no FMA, nor is there any federal or state law controlling mediation at large. There is legislation which affects mediation in some circumstances, which goes back as far as the Arbitration Act of 1888, but even the various modern acts fail to impose requirements on all forms of mediation. Of course, when mediation is court mandated, there are guidelines which must be followed.
Question 6
After a settlement agreement is signed as a result of mediation, one party decides not to keep the promises made in that contract. The other party could:
Correct
Incorrect!
Correct
Incorrect!
Correct Once mediation ends, it ends. The mediator has no power to enforce the settlement agreement or compel performance, just as the mediator had no power to compel the outcome of the mediation. Similarly, a party cannot unilaterally re-open mediation; both parties would have to agree and begin a new mediation session, although it is entirely possible to arrange that the same mediator serve. The only recourse is to file a claim for breach of contract and follow up with that. Of course, the court might mandate mediation on that claim, too!
Incorrect! Once mediation ends, it ends. The mediator has no power to enforce the settlement agreement or compel performance, just as the mediator had no power to compel the outcome of the mediation. Similarly, a party cannot unilaterally re-open mediation; both parties would have to agree and begin a new mediation session, although it is entirely possible to arrange that the same mediator serve. The only recourse is to file a claim for breach of contract and follow up with that. Of course, the court might mandate mediation on that claim, too!
Correct
Incorrect!
Question 7
Mediation is always the preferred means of dispute resolution.
Correct
Incorrect!
Correct Depending on the particulars of a situation, a party might find that mediation is not the best solution, and might instead seek to negotiate, litigate, or arbitrate. Of course, the other party to the dispute might see things differently, and state law or court rules might mandate a method different from that which a party might prefer.
Incorrect! Depending on the particulars of a situation, a party might find that mediation is not the best solution, and might instead seek to negotiate, litigate, or arbitrate. Of course, the other party to the dispute might see things differently, and state law or court rules might mandate a method different from that which a party might prefer.