CCNP Mediation 2 — Questions and Answers
Question 1: In contract mediation, what is the primary role of a caucus session?
- To allow the mediator to meet privately with each party separately (Correct answer)
- To formally vote on proposed settlement terms
- To present opening statements to a neutral panel
- To cross-examine witnesses under oath
Correct answer: To allow the mediator to meet privately with each party separately
A caucus is a private meeting between the mediator and one party, allowing candid discussion away from the opposing party.
Question 2: Which type of mediation style involves the mediator actively proposing specific settlement terms?
- Facilitative mediation
- Transformative mediation
- Evaluative mediation (Correct answer)
- Narrative mediation
Correct answer: Evaluative mediation
Evaluative mediation involves the mediator assessing the merits and suggesting or recommending settlement terms based on legal standards.
Question 3: Under the Uniform Mediation Act (UMA), which communications are generally protected?
- Only written settlement offers exchanged between parties
- All mediation communications by parties, mediators, and nonparty participants (Correct answer)
- Statements made by the mediator in post-mediation litigation
- Public records introduced as exhibits during mediation
Correct answer: All mediation communications by parties, mediators, and nonparty participants
The UMA broadly protects all communications made during mediation from disclosure in subsequent proceedings.
Question 4: A mediator who previously represented one of the parties as an attorney should:
- Proceed but disclose the prior relationship and obtain informed consent (Correct answer)
- Decline to mediate without any exception
- Proceed only if the representation occurred more than ten years ago
- Automatically disqualify only if the case involves the same contract
Correct answer: Proceed but disclose the prior relationship and obtain informed consent
Ethical standards require disclosure of prior representation; parties may waive the conflict through informed consent, but the mediator may still decline.
Question 5: What distinguishes interest-based mediation from positional bargaining in contract disputes?
- Interest-based mediation focuses on each party's underlying needs rather than stated demands (Correct answer)
- Interest-based mediation relies on binding arbitration to resolve impasses
- Positional bargaining requires a neutral mediator; interest-based does not
- Interest-based mediation is only available for commercial disputes over $1 million
Correct answer: Interest-based mediation focuses on each party's underlying needs rather than stated demands
Interest-based mediation explores the underlying motivations and needs behind each party's position to generate mutually beneficial solutions.
Question 6: In multi-party contract mediation, the technique of 'looping back' is used to:
- Adjourn the session for independent legal review
- Confirm a party's understanding by restating and verifying their concerns (Correct answer)
- Force parties to repeat concessions already made
- Summarize final settlement terms for court filing
Correct answer: Confirm a party's understanding by restating and verifying their concerns
Looping back is an active listening technique where the mediator paraphrases a party's concerns and asks for confirmation to ensure accurate understanding.
Question 7: Which statement best describes 'Med-Arb' as a hybrid dispute resolution process?
- Parties first attempt mediation, and if unresolved, the neutral transitions to binding arbitration (Correct answer)
- Arbitration occurs first, followed by mediation of the arbitral award
- A panel of three mediators each render separate arbitral awards
- Parties submit to court-annexed mediation before filing an arbitration claim
Correct answer: Parties first attempt mediation, and if unresolved, the neutral transitions to binding arbitration
Med-Arb begins with mediation; if the parties cannot reach agreement, the same or different neutral renders a binding arbitration decision.
CCNP Mediation 2
In contract mediation, what is the primary role of a caucus session?