ADR Power Dynamics & Neutrality 2

Question 1

A party to mediation repeatedly interrupts and talks over the other party. What is the mediator's BEST response to address this power dynamic?

Accepted Answer

Establish ground rules that allow each party uninterrupted speaking time

Answer

Establishing ground rules for uninterrupted speaking time is a neutral, procedural intervention that levels the playing field without favoring either party.

Question 2

In a workplace dispute, a supervisor mediates a conflict between two subordinates. This arrangement raises which primary concern?

Accepted Answer

Structural conflict of interest undermining neutrality

Answer

A supervisor mediating subordinates creates a structural conflict of interest because the power hierarchy compromises the mediator's neutrality.

Question 3

Which technique helps a mediator address a situation where one party has significantly greater legal knowledge than the other?

Accepted Answer

Caucusing privately to explain the process to the less informed party

Answer

Private caucus allows the mediator to ensure the less informed party understands the process without providing legal advice or compromising neutrality.

Question 4

A mediator notices that one party is reluctant to speak in joint session but opens up in private caucus. What does this most likely indicate?

Accepted Answer

A power imbalance is inhibiting open communication in joint session

Answer

Reluctance in joint session but openness in caucus typically signals that the party feels intimidated or constrained by the other party's presence.

Question 5

When a mediator uses 'shuttle diplomacy' (moving between parties in separate rooms), the PRIMARY benefit in power-imbalanced cases is:

Accepted Answer

Reducing the direct intimidation effect of face-to-face interaction

Answer

Shuttle diplomacy reduces direct intimidation by eliminating face-to-face contact, which is particularly valuable when a significant power imbalance exists.

(ADR) Alternative Dispute Resolution Certification Practice Test

(ADR) Alternative Dispute Resolution Certification Practice Test

ADR Power Dynamics & Neutrality 2