CCM CCM Mediation Process & Skills 2 — Questions and Answers
Question 1: What is the primary purpose of an opening statement made by each party at the start of mediation?
- To present legally binding arguments
- To allow each party to share their perspective and feel heard before negotiation begins (Correct answer)
- To determine which party is at fault
- To establish the mediator's proposed solution
Correct answer: To allow each party to share their perspective and feel heard before negotiation begins
Opening statements give each party an uninterrupted opportunity to articulate their view of the dispute and needs, setting the stage for interest-based dialogue.
Question 2: Which of the following is a hallmark of evaluative mediation?
- The mediator strictly avoids offering any opinions on the merits
- The mediator provides assessments of each party's legal position and likely court outcomes (Correct answer)
- The mediator focuses solely on the parties' emotional needs
- The mediator drafts the settlement agreement without party input
Correct answer: The mediator provides assessments of each party's legal position and likely court outcomes
Evaluative mediators assess the strengths and weaknesses of each party's case and may reality-test positions by sharing likely litigation outcomes to encourage settlement.
Question 3: Transformative mediation is most focused on:
- Reaching a written settlement agreement as efficiently as possible
- Strengthening parties' capacity for self-determination and recognition of each other (Correct answer)
- Applying legal precedents to resolve the conflict
- Minimizing the number of mediation sessions
Correct answer: Strengthening parties' capacity for self-determination and recognition of each other
Transformative mediation prioritizes empowering parties (empowerment) and fostering mutual acknowledgment (recognition) over settlement as the primary goal.
Question 4: Mediator impartiality requires that the mediator:
- Advocate for the weaker party to balance power
- Avoid favoring either party and disclose any conflicts of interest (Correct answer)
- Remain completely silent and never ask questions
- Always side with the party who presents more documentation
Correct answer: Avoid favoring either party and disclose any conflicts of interest
Impartiality means the mediator treats all parties without favoritism and proactively discloses any relationships or interests that could compromise neutrality.
Question 5: When parties in mediation reach an impasse, which of the following is an appropriate mediator intervention?
- Declaring the mediation failed and issuing a ruling
- Using hypothetical questions or shifting to a caucus to explore underlying interests (Correct answer)
- Asking one party to leave the room permanently
- Immediately escalating to binding arbitration without consent
Correct answer: Using hypothetical questions or shifting to a caucus to explore underlying interests
Hypothetical questions ('What if X were possible—would that address your concern?') and private caucuses help uncover hidden interests and break deadlocks without imposing outcomes.
Question 6: Confidentiality in mediation generally means:
- Only the mediator's notes are protected; party statements are public
- Statements made during mediation cannot be used as evidence in subsequent legal proceedings (Correct answer)
- All communications must be filed with the court
- Confidentiality applies only to written documents, not verbal statements
Correct answer: Statements made during mediation cannot be used as evidence in subsequent legal proceedings
Mediation confidentiality (protected by statutes like the Uniform Mediation Act) encourages candor by ensuring that party disclosures cannot be used against them in court.
CCM CCM Mediation Process & Skills 2
What is the primary purpose of an opening statement made by each party at the start of mediation?