ADR Family & Workplace Mediation 2 — Questions and Answers
Question 1: In child custody mediation, what does the 'best interests of the child' standard primarily require a mediator to do?
- Advocate for the child's stated preferences above all else
- Ensure both parents receive equal parenting time
- Keep the child's welfare as the central focus of all discussions (Correct answer)
- Exclude children from any part of the mediation process
Correct answer: Keep the child's welfare as the central focus of all discussions
The best interests standard requires the mediator to keep the child's overall welfare—physical, emotional, educational—as the central frame for all discussions.
Question 2: Which workplace mediation scenario most clearly calls for the mediator to pause and address power imbalance?
- Two peers arguing over a project deadline
- A manager mediating a dispute between two direct reports
- An HR director and an employee mediating a harassment complaint (Correct answer)
- Two department heads disagreeing on budget allocation
Correct answer: An HR director and an employee mediating a harassment complaint
A hierarchical power imbalance is most acute when an authority figure (HR director) mediates against an employee on a sensitive complaint, requiring the mediator to actively level the playing field.
Question 3: What is 'shuttle mediation' and when is it most useful in family disputes?
- A rapid back-and-forth exchange of written offers between parties in the same room
- A process where the mediator meets with each party separately to carry proposals between them (Correct answer)
- A technique where parties alternate presenting their full case without interruption
- A method of rotating the neutral mediator role between family members
Correct answer: A process where the mediator meets with each party separately to carry proposals between them
Shuttle mediation involves the mediator moving between separate rooms to convey proposals, and it is most useful when direct contact between parties would be unsafe or counterproductive.
Question 4: Under the Uniform Mediation Act (UMA), which of the following communications is generally NOT protected by mediation privilege?
- A party's admission about a disputed fact
- A mediator's proposal for settlement
- A threat to commit a crime made during the session (Correct answer)
- A party's opening statement about their needs
Correct answer: A threat to commit a crime made during the session
The UMA contains an exception to privilege for communications that constitute a threat or plan to commit a crime or inflict bodily harm.
Question 5: In a workplace discrimination mediation, why should a mediator avoid evaluating the legal merits of the claim?
- Because legal analysis is outside the mediator's ethical authority and could bias the process (Correct answer)
- Because discrimination claims are always settled in favor of the claimant
- Because legal merit is irrelevant to reaching any agreement
- Because mediators are prohibited from knowing employment law
Correct answer: Because legal analysis is outside the mediator's ethical authority and could bias the process
Evaluating legal merits shifts the mediator into an adjudicative role, undermining neutrality and potentially pressuring parties toward outcomes they would not freely choose.
Question 6: What does 'interest-based' mediation focus on, as opposed to 'positional' negotiation, in a divorce property dispute?
- The legal rights each spouse holds under state law
- The opening demands each party states at the start of mediation
- The underlying needs, fears, and priorities driving each party's demands (Correct answer)
- The fair market value of disputed assets as determined by appraisers
Correct answer: The underlying needs, fears, and priorities driving each party's demands
Interest-based mediation looks beneath stated positions to uncover underlying needs (e.g., financial security, housing stability) that can reveal creative settlement options.
Question 7: An employee accuses a coworker of ongoing harassment and demands a written apology as a condition of settlement. The coworker refuses. What is the mediator's most appropriate next step?
- Tell the accused coworker they must apologize or the case will go to arbitration
- Explore with the claimant what underlying need the apology would meet and whether other remedies could satisfy it (Correct answer)
- Declare impasse and close the mediation immediately
- Draft a sample apology letter for the coworker to sign
Correct answer: Explore with the claimant what underlying need the apology would meet and whether other remedies could satisfy it
Exploring the interest behind the demand (e.g., validation, acknowledgment) may reveal alternative remedies acceptable to both parties without forcing the unwilling party.
ADR Family & Workplace Mediation 2
In child custody mediation, what does the 'best interests of the child' standard primarily require a mediator to do?