Facilitation and Settlement Conferences - Module 2 of 5

Question 1

The purpose of facilitation is to:

A. Negotiate a settlement agreement

B. Improve the exchange of information during mediation

C. Prepare for trial

D. Create a settlement agreement

Question 2

Facilitation is useful in situations where:

A. No attempts at mediation have been made

B. Trial is unavoidable

C. Each side has multiple issues in relation to the dispute

D. All of the above

Question 3

The facilitation process where a series of votes is used to reduce a wide range of options down to a limited number is called:

A. Consensus building

B. Brainstorming

C. Flow charting

D. Multi-voting

Question 4

In order to be enforceable, a settlement agreement should include:

A. Signatures by all involved parties

B. Spaces for initials by each of the provisions

C. Clear and concise terms of agreement

D. All of the Above

Question 5

Courts often mandate settlement conferences in all of the following cases, except:

A. Criminal prosecutions

B. Divorce and Custody

C. Contract disputes

E. Employment-related disputes

Question 6

In order to move a settlement conference along, the judge may:

A. Suggest a reasonable settlement amount

B. Advise the parties about their likelihood of success at trial

C. Force the parties to accept a settlement offer

D. Both A and B

Question 7

The facilitation process where the goal is to find an idea that all group members are willing to accept as the best approach for the group as a whole is called:

A. Consensus building

B. Brainstorming

C. Flow charting

D. Multi-voting

Question 8

A settlement conference is a type of ADR where the following may occur:

A. The parties and their attorneys meet to attempt to settle a previously filed lawsuit

B. A judge presides over the conference

C. Attorneys for an existing lawsuit meet to attempt settlement of the dispute

D. All of the above

Question 9

If a settlement conference is held and proves unsuccessful at reaching an agreement:

A. The case proceeds to court

B. Information shared in the settlement conference can be used in court

C. The case is dismissed

D. The parties are held in contempt of court

Question 10

The general types of facilitation involve:

A. A group that is trying to settle an internal dispute

B. Preparation of each side for an effective mediation

C. Neither A nor B

D. Both A and B