Legal and Ethical Considerations in Conflict Management Flashcards

Which exception most commonly allows a court to set aside an arbitration award under the Federal Arbitration Act?

Answer: The award was procured by fraud or corruption

Under the FAA, courts may vacate an award if it was procured by fraud, corruption, or evident partiality, but cannot review legal errors on the merits.

An ombudsman's role in an organization most closely resembles that of a:

Answer: Confidential, neutral resource for raising concerns informally

An organizational ombudsman provides a confidential, informal, and impartial channel for employees to raise concerns without triggering formal proceedings.

The ethical principle that prohibits a conflict manager from having a personal stake in the outcome of a dispute is called:

Answer: Impartiality

Impartiality requires the mediator to have no personal bias or stake in either party prevailing or in the specific terms of any settlement.

When a settlement agreement reached in mediation later appears to violate public policy, a court will most likely:

Answer: Refuse to enforce the public policy-violating provisions

Courts will not enforce contractual provisions, including mediated agreements, that violate established public policy, regardless of party consent.

A conflict manager who accepts payment from a third party (not a disputant) without disclosing this to the parties is most likely violating which duty?

Answer: The duty of disclosure and impartiality

Undisclosed third-party payment creates a financial conflict of interest that must be disclosed because it can compromise the mediator's impartiality.

In a scenario where a power imbalance severely disadvantages one party in mediation, the conflict manager's ethical responsibility is to:

Answer: Take reasonable steps to protect the process integrity or withdraw if the imbalance cannot be addressed

Mediators must recognize significant power imbalances and take steps to ensure the process remains fair; if they cannot, withdrawal may be required.

Which of the following best describes the 'without prejudice' rule in the context of U.S. conflict resolution?

Answer: Statements made in settlement negotiations generally cannot be admitted as evidence of liability in court

Federal Rule of Evidence 408 and its state equivalents generally bar the admission of statements made during settlement negotiations to prove liability.