ADR Power Dynamics & Neutrality 3

Question 1

A domestic violence survivor is participating in family mediation. Which approach BEST addresses the safety and power imbalance concerns?

Accepted Answer

Screen for abuse and use separate sessions or terminate if appropriate

Answer

Screening for domestic violence and using separate sessions—or terminating if mediation is unsafe—is the accepted best practice to protect the survivor.

Question 2

A mediator feels drawn to support a party who appears to be a victim of financial fraud. According to neutrality principles, the mediator should:

Accepted Answer

Acknowledge the feeling internally and maintain procedural neutrality

Answer

Recognizing one's own sympathetic feelings and consciously maintaining procedural neutrality is the correct response; secret manipulation violates neutrality.

Question 3

Which scenario BEST illustrates 'content neutrality' in mediation?

Accepted Answer

The mediator refrains from evaluating the merits or fairness of the proposed settlement terms

Answer

Content neutrality means the mediator does not evaluate or push for specific outcomes, leaving the substance of any agreement entirely to the parties.

Question 4

A corporation and an individual consumer are in mediation over a product defect. The corporation brings three attorneys; the consumer has none. The mediator's MOST appropriate initial action is to:

Accepted Answer

Acknowledge the imbalance and inquire whether the consumer wishes to seek representation

Answer

Informing the unrepresented party of the imbalance and their right to seek counsel respects party autonomy while ensuring informed participation.

Question 5

Which of the following is an example of 'procedural power' that a mediator can reallocate to address an imbalance?

Accepted Answer

Controlling the order of speaking, agenda, and recess timing

Answer

Procedural power includes managing who speaks when, the agenda, and breaks—tools the mediator controls and can use to level the playing field.

(ADR) Alternative Dispute Resolution Certification Practice Test

(ADR) Alternative Dispute Resolution Certification Practice Test

ADR Power Dynamics & Neutrality 3