Legal and Ethical Considerations in Conflict Management Flashcards

A written mediation settlement agreement is most enforceable when it:

Answer: Is signed by all parties and their counsel and meets contract law requirements

A mediation settlement becomes a binding contract when it satisfies standard contract elements: offer, acceptance, consideration, and signatures of the parties.

The ethical requirement that a mediator explain the mediation process, its limitations, and the parties' rights before beginning is known as:

Answer: Informed consent

Informed consent requires the mediator to ensure parties understand the nature, purpose, and ground rules of mediation before they agree to participate.

When a conflict manager notices that one party appears to be under duress during a session, the most appropriate action is to:

Answer: Pause the session and privately check on the party's capacity to participate freely

A mediator must ensure that agreements are reached voluntarily; recognizing and addressing signs of duress is essential to protecting self-determination.

Which of the following BEST describes the legal status of arbitration awards under the Federal Arbitration Act (FAA)?

Answer: They are generally final and binding, with very limited grounds for judicial review

The FAA provides that arbitration awards are binding and enforceable, with courts authorized to vacate them only on narrow grounds such as fraud or arbitrator misconduct.

A conflict manager who uses confidential information disclosed by one party to benefit the other party has committed a breach of:

Answer: Confidentiality and impartiality

Using one party's confidential disclosures to benefit the opposing party violates both confidentiality obligations and the duty of impartiality.

Under the National Labor Relations Act (NLRA), employees engaged in collective bargaining disputes have the right to:

Answer: Engage in concerted protected activity without employer retaliation

The NLRA protects employees' rights to engage in concerted activity for mutual aid, and employers cannot retaliate against this protected conduct.

A conflict resolution practitioner who advertises services using false credentials is most clearly violating which ethical standard?

Answer: Honesty and integrity

Misrepresenting credentials constitutes a fundamental breach of honesty and integrity, undermining public trust in the profession.