CCNP Mediation 3

Question 1

Which factor is most critical when selecting a mediator for a complex international contract dispute?

Accepted Answer

The mediator's familiarity with both parties' cultural and legal frameworks

Answer

Cultural competence and knowledge of the applicable legal systems are essential for effective mediation of international contract disputes.

Question 2

A mediation agreement to mediate (agreement to mediate) typically includes all of the following EXCEPT:

Accepted Answer

A binding judgment enforceable by a court

Answer

An agreement to mediate is procedural and does not produce a binding judgment; only a signed settlement agreement or arbitral award can be court-enforceable.

Question 3

During mediation of a contract breach claim, a party makes an offer 'without prejudice.' This means:

Accepted Answer

The offer cannot be used as evidence of liability in subsequent litigation

Answer

'Without prejudice' protections prevent settlement offers from being admitted as admissions of liability in later court proceedings.

Question 4

In facilitative mediation, the mediator's primary tool is:

Accepted Answer

Asking open-ended questions to help parties identify their own solutions

Answer

Facilitative mediators use open-ended questions and active listening to help parties discover mutually acceptable solutions without directing the outcome.

Question 5

What is the significance of a 'BATNA' in the context of contract mediation strategy?

Accepted Answer

It is the Best Alternative To a Negotiated Agreement, defining a party's walk-away point

Answer

BATNA (Best Alternative To a Negotiated Agreement) helps parties determine whether a mediated settlement is better than their next-best option outside mediation.

(CCNP) Certified Contract Negotiation Professional Practice Test

(CCNP) Certified Contract Negotiation Professional Practice Test

CCNP Mediation 3