CBN Mediation & ADR Techniques 2

Question 1

In a caucus during mediation, the mediator meets privately with one party. What is the PRIMARY purpose of this technique?

Accepted Answer

To explore sensitive interests and reality-test positions away from the other side

Answer

Caucuses let mediators probe underlying interests and test the realism of positions without triggering defensive reactions from the opposing party.

Question 2

Which ADR method gives parties the MOST control over the final outcome?

Accepted Answer

Mediation

Answer

In mediation the parties themselves craft and agree to any settlement, whereas arbitration and litigation produce decisions imposed by a third party.

Question 3

A 'med-arb' clause in a contract means that if mediation fails, the dispute will be:

Accepted Answer

Decided by the same or a different neutral acting as arbitrator

Answer

Med-arb is a hybrid process where an unresolved mediation transitions to arbitration, sometimes before the same neutral.

Question 4

Under the Uniform Mediation Act, mediation communications are generally:

Accepted Answer

Privileged and protected from disclosure in court

Answer

The Uniform Mediation Act creates a mediation privilege that shields communications from later court use to encourage candid settlement discussions.

Question 5

In interest-based mediation, the mediator focuses the parties on:

Accepted Answer

Underlying needs and motivations rather than stated positions

Answer

Interest-based mediation uncovers why parties want what they want, opening creative options that positional bargaining closes off.

(CBN) Certified Business Negotiator Practice Test