CCM Legal and Ethical Considerations in Conflict Management 3

Question 1

A neutrality agreement signed before mediation typically does NOT protect disclosures made:

Accepted Answer

During the commission of a future crime

Answer

Confidentiality provisions do not extend to communications that involve the planning or commission of future crimes or fraud.

Question 2

Under Title VII of the Civil Rights Act, workplace conflict managers must be aware that retaliation against an employee for filing an EEOC complaint is:

Accepted Answer

A separate and independently actionable legal violation

Answer

Title VII's anti-retaliation provision is independent of the underlying discrimination claim, meaning retaliation itself is a distinct unlawful employment practice.

Question 3

An arbitrator who imposes a binding decision on parties without their prior consent to arbitration most likely violates which principle?

Accepted Answer

Voluntary participation

Answer

Binding arbitration requires prior informed consent from all parties; imposing it without consent violates the voluntariness principle of ADR.

Question 4

The Uniform Mediation Act (UMA) provides mediator privilege primarily to:

Accepted Answer

Protect mediators from being compelled to testify about mediation communications

Answer

The UMA's mediator privilege shields mediators from being compelled to disclose what was said during mediation in subsequent legal proceedings.

Question 5

Which of the following scenarios best illustrates a 'dual role' ethical conflict for a conflict manager?

Accepted Answer

A mediator who also provides legal advice to one party during the same dispute

Answer

Serving as both mediator and legal adviser to one party in the same dispute creates an impermissible dual role that compromises neutrality.

(CCM) Certified Conflict Manager Practice Test

(CCM) Certified Conflict Manager Practice Test

CCM Legal and Ethical Considerations in Conflict Management 3