ADR Cheat Sheet 2026

The 30 highest-yield ADR facts, distilled from real exam questions. Print it, save it as a PDF, or study it here — free, no sign-up.

1. Which conflict assessment model distinguishes between 'positions' and 'interests' as a foundational diagnostic tool? → Harvard Negotiation Project framework
2. Which ODR technique uses an algorithm to calculate a midpoint or zone of possible agreement after parties submit confidential numbers? → Automated blind bidding settlement
3. In mediation, the technique of 'reframing' is used to: → Change the way a party's statement is presented to reduce conflict
4. Which of the following best describes 'narrative reframing' as used in restorative justice facilitation? → Helping participants retell their experience in ways that open dialogue
5. In the context of ADR certification, what is the most important consideration when implementing cross-cultural dispute resolution? → Ensuring alignment with established standards, stakeholder needs, and best practices
6. In the context of ADR certification, what is the most important consideration when implementing online dispute resolution methods? → Ensuring alignment with established standards, stakeholder needs, and best practices
7. A mediator who helps parties draft a memorandum of understanding (MOU) at the end of mediation is performing which function? → Facilitating reduction of the agreement to writing
8. Under the IBA Rules on the Taking of Evidence in International Arbitration, a 'Redfern Schedule' is used to: → Organize and rule on document production requests and objections in a structured format
9. The 'crime-fraud' exception to ADR confidentiality permits disclosure when: → Mediation communications were made in furtherance of an ongoing or planned crime or fraud
10. A settlement agreement is silent on attorney's fees. Under the American Rule, what is the default? → Each party pays their own attorney's fees
11. Why are communication skills important in ADR? → They enhance clarity and trust
12. In international arbitration, a 'Procedural Order No. 1' typically establishes which of the following? → The timetable, document production rules, and procedural framework for the arbitration
13. When religious or spiritual values are central to a disputant's position, a culturally competent mediator should: → Acknowledge and respectfully integrate those values into the interest-exploration process
14. Which ethical obligation requires an ADR neutral to inform parties about the process, their rights, and the neutral's role before proceedings begin? → Duty of informed consent / self-determination
15. Which of the following is the BEST definition of 'cultural humility' in the context of ADR? → An ongoing process of self-reflection and openness to learning about cultural differences
16. In a pre-mediation assessment, which question best uncovers a party's underlying interests rather than their stated position? → Why is that outcome important to you?
17. When a conflict assessor uses a 'conflict timeline,' the primary purpose is to: → Establish a sequence of triggering events and turning points in the dispute's development
18. Which ODR design principle holds that the system should be accessible to users with limited legal knowledge? → Plain language accessibility
19. Which dispute resolution style is most appropriate when a long-term relationship must be preserved? → Collaborative problem-solving
20. Which of the following best describes a key competency required for conflict assessment & diagnosis in ADR practice? → Strong analytical skills combined with effective communication and ethical judgment
21. How should a mediator handle an impasse during mediation? → Identify issues and encourage creative solutions.
22. Which principle prohibits an arbitrator from communicating with one party about the merits of a case without the other party present? → The prohibition on ex parte communications
23. In the Thomas-Kilmann conflict model, the 'compromising' style is characterized by: → Moderate concern for both self and others
24. Which element distinguishes a 'structured settlement' from a lump-sum payment settlement in personal injury cases? → Structured settlements provide periodic payments over time, often tax-free
25. Trauma-informed facilitation in restorative justice primarily requires the practitioner to: → Recognize trauma responses and adjust the process to maintain participant safety
26. The concept of 'ubuntu' (I am because we are) from African philosophy most directly influences dispute resolution by prioritizing: → Community relationships and collective harmony over individual outcomes
27. Which diagnostic tool uses a two-axis grid measuring 'assertiveness' and 'cooperativeness' to classify conflict styles? → Thomas-Kilmann Conflict Mode Instrument (TKI)
28. In U.S. consumer contracts, what doctrine can invalidate a mandatory arbitration clause? → Unconscionability, if the clause is found to be procedurally or substantively unfair
29. Which discovery mechanism is most commonly available in U.S. arbitration proceedings? → Document exchange and limited discovery as specified in the arbitration rules or agreement
30. Which is a common barrier to successful negotiation? → Lack of trust.