Mediation & ADR Techniques Flashcards
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Read the first 7 Mediation & ADR Techniques flashcards as text
In cross-cultural business mediation, a mediator should be MOST attentive to:
Answer: Differences in communication styles, face-saving norms, and attitudes toward conflict
Cross-cultural competence requires mediators to adapt to varying norms around directness, hierarchy, and honor to avoid derailing the process.
A 'loser pays' fee-shifting agreement in an arbitration clause is intended to:
Answer: Deter frivolous claims by making the losing party responsible for the winner's costs
Fee-shifting provisions raise the stakes for bringing weak claims, acting as a filter against frivolous disputes entering the ADR process.
When a mediator uses 'reality testing,' they are attempting to:
Answer: Help a party assess whether their expectations are achievable given the facts and law
Reality testing involves asking probing questions that help a party honestly evaluate the strength of their position and the risks of non-settlement.
Which provision in a multi-step ADR clause is designed to prevent a party from bypassing earlier resolution steps?
Answer: A condition precedent requiring completion of each prior step before the next may begin
Condition precedent language makes completion of negotiation or mediation a prerequisite for advancing to arbitration or litigation, enforcing the intended escalation ladder.
The 'single negotiating text' technique in mediation involves:
Answer: The mediator preparing one draft document that both parties progressively revise and refine
A single negotiating text avoids competing drafts by giving both parties one evolving document to react to, reducing the risk of positional entrenchment.
Under the Singapore Convention on Mediation (2019), international settlement agreements reached through mediation are:
Answer: Directly enforceable across signatory countries without relitigation of merits
The Singapore Convention allows parties to invoke international mediated settlement agreements before courts of signatory states, similar to how the New York Convention works for arbitral awards.
A 'restorative circle' process used in workplace ADR is PRIMARILY aimed at:
Answer: Repairing relationships and rebuilding trust among all affected stakeholders
Restorative circles bring together those harmed, those responsible, and the broader community to collaboratively address harm and restore working relationships.