CCM Legal and Ethical Considerations in Conflict Management 4

Question 1

A written mediation settlement agreement is most enforceable when it:

Accepted Answer

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

Answer

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

Question 2

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

Accepted Answer

Informed consent

Answer

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

Question 3

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

Accepted Answer

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

Answer

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

Question 4

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

Accepted Answer

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

Answer

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.

Question 5

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

Accepted Answer

Confidentiality and impartiality

Answer

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

(CCM) Certified Conflict Manager Practice Test

(CCM) Certified Conflict Manager Practice Test

CCM Legal and Ethical Considerations in Conflict Management 4