CCNP Mediation 2

Question 1

In contract mediation, what is the primary role of a caucus session?

Accepted Answer

To allow the mediator to meet privately with each party separately

Answer

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?

Accepted Answer

Evaluative mediation

Answer

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?

Accepted Answer

All mediation communications by parties, mediators, and nonparty participants

Answer

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:

Accepted Answer

Proceed but disclose the prior relationship and obtain informed consent

Answer

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?

Accepted Answer

Interest-based mediation focuses on each party's underlying needs rather than stated demands

Answer

Interest-based mediation explores the underlying motivations and needs behind each party's position to generate mutually beneficial solutions.

(CCNP) Certified Contract Negotiation Professional Practice Test

(CCNP) Certified Contract Negotiation Professional Practice Test

CCNP Mediation 2