CCNP Mediation 4

Question 1

Which mediation approach is most appropriate when parties in a contract dispute have an ongoing business relationship they wish to preserve?

Accepted Answer

Transformative mediation

Answer

Transformative mediation focuses on empowering parties and improving their interaction, making it ideal when preserving a long-term relationship is a priority.

Question 2

Under the Singapore Convention on Mediation (2019), what type of agreements can be directly enforced by signatory states?

Accepted Answer

International settlement agreements resulting from mediation of commercial disputes

Answer

The Singapore Convention allows parties to invoke and enforce international commercial settlement agreements reached through mediation directly before courts of signatory states.

Question 3

A mediator notices that one party appears to be agreeing to unfavorable terms due to intimidation by the other party. The mediator should:

Accepted Answer

Terminate mediation or take steps to address the power imbalance

Answer

Mediators have an ethical obligation to address significant power imbalances that undermine the voluntary and informed nature of any agreement reached.

Question 4

The 'bracketing' technique in contract mediation involves:

Accepted Answer

Each party simultaneously proposing a high and low settlement range to find an overlapping zone

Answer

Bracketing has parties propose paired numbers (e.g., plaintiff demands $X, defendant offers $Y) to identify a midpoint zone where settlement may be possible.

Question 5

Which clause in a contract most directly triggers mandatory mediation before litigation?

Accepted Answer

Escalation clause requiring mediation as a condition precedent to arbitration or litigation

Answer

An escalation or tiered dispute resolution clause requires parties to attempt mediation before escalating to arbitration or court, making mediation a contractual prerequisite.

(CCNP) Certified Contract Negotiation Professional Practice Test

(CCNP) Certified Contract Negotiation Professional Practice Test

CCNP Mediation 4