CBN Mediation & ADR Techniques 3

Question 1

Which of the following BEST describes 'transformative mediation'?

Accepted Answer

The process focuses on empowering parties and fostering mutual recognition

Answer

Transformative mediation aims to shift the quality of the conflict interaction by strengthening each party's decision-making capacity and sensitivity to the other's situation.

Question 2

In online dispute resolution (ODR), which feature MOST distinguishes it from traditional ADR?

Accepted Answer

It uses digital platforms to resolve disputes asynchronously and across distances

Answer

ODR leverages technology to facilitate dispute resolution without requiring physical presence, making it especially useful for e-commerce and cross-border disputes.

Question 3

A 'cooling-off period' in a commercial dispute clause serves to:

Accepted Answer

Require parties to pause and attempt direct negotiation before filing for ADR

Answer

Cooling-off clauses mandate a waiting period for good-faith direct negotiation before formal ADR or litigation may commence, often resolving disputes cheaply.

Question 4

Under the Federal Arbitration Act (FAA), an arbitration agreement in a commercial contract is:

Accepted Answer

Generally valid and enforceable, with courts having limited grounds to refuse it

Answer

The FAA establishes a strong federal policy favoring arbitration, and courts may vacate an award only on narrow grounds such as fraud or arbitrator misconduct.

Question 5

A 'high-low agreement' in arbitration means:

Accepted Answer

The arbitrator must award a figure that falls between pre-agreed minimum and maximum amounts

Answer

High-low agreements cap the arbitrator's award between a floor and a ceiling negotiated by the parties, reducing uncertainty while keeping the process live.

(CBN) Certified Business Negotiator Practice Test

(CBN) Certified Business Negotiator Practice Test

CBN Mediation & ADR Techniques 3