CCNP Mediation 5 — Questions and Answers
Question 1: Which concept describes the point at which a party in mediation is unwilling to make further concessions?
- Reservation point (walk-away value) (Correct answer)
- Zone of possible agreement (ZOPA)
- Anchoring threshold
- Positional ceiling
Correct answer: Reservation point (walk-away value)
A party's reservation point is the minimum acceptable outcome below which they prefer their BATNA over any negotiated settlement.
Question 2: In online dispute resolution (ODR) mediation of contract disputes, which unique challenge must mediators address?
- Parties must be physically co-located for ODR to be valid
- Establishing rapport, verifying identity, and ensuring platform security without in-person cues (Correct answer)
- ODR requires a judge to oversee all sessions
- Online mediation is prohibited under the Uniform Mediation Act
Correct answer: Establishing rapport, verifying identity, and ensuring platform security without in-person cues
ODR mediators must overcome the absence of physical presence by building trust, confirming identities, and using secure platforms while managing communication without body language cues.
Question 3: When a corporate attorney participates in mediation on behalf of a client, the attorney's ethical obligations include:
- Disclosing confidential client information if it would help settle the dispute
- Ensuring the client gives informed consent to mediation and understands the non-binding nature (Correct answer)
- Withdrawing from mediation if the mediator suggests the client has a weak case
- Independently signing the settlement agreement on the client's behalf without authorization
Correct answer: Ensuring the client gives informed consent to mediation and understands the non-binding nature
Attorneys must ensure clients fully understand the mediation process, including its voluntary and generally non-binding nature, before proceeding.
Question 4: The 'Zone of Possible Agreement' (ZOPA) in mediation exists when:
- Both parties' reservation points overlap, creating a range where a mutually acceptable deal is feasible (Correct answer)
- The mediator identifies at least three possible settlement frameworks
- The parties agree to submit unresolved issues to binding arbitration
- A court has pre-approved a range of acceptable settlement figures
Correct answer: Both parties' reservation points overlap, creating a range where a mutually acceptable deal is feasible
ZOPA is the range between the parties' reservation points where a negotiated agreement can satisfy both parties' minimum requirements.
Question 5: Which mediation ethical standard requires a mediator to withdraw if they cannot remain neutral?
- Competence
- Self-determination
- Impartiality (Correct answer)
- Confidentiality
Correct answer: Impartiality
Impartiality requires mediators to withdraw when they cannot remain unbiased, as partiality undermines the legitimacy and fairness of the process.
Question 6: In the context of contract mediation, 'anchoring' refers to:
- The first number or offer introduced, which disproportionately influences subsequent negotiations (Correct answer)
- Locking in final settlement terms before the other party can counter
- The mediator's written summary that anchors the session agenda
- Attaching penalty clauses to the mediated settlement agreement
Correct answer: The first number or offer introduced, which disproportionately influences subsequent negotiations
Anchoring is a cognitive bias where the first offer or figure set in negotiation becomes the reference point around which all subsequent offers are evaluated.
Question 7: A 'mediator's proposal' is a technique used when:
- The mediator imposes binding terms after parties fail to agree
- The mediator privately suggests a specific settlement figure and asks each party to accept or reject it confidentially (Correct answer)
- The mediator files a formal recommendation with the court
- The mediator drafts a proposal and publicly presents it to both parties simultaneously
Correct answer: The mediator privately suggests a specific settlement figure and asks each party to accept or reject it confidentially
A mediator's proposal is a confidential technique where the mediator suggests a number and each party independently communicates acceptance or rejection, revealing overlap only if both accept.
CCNP Mediation 5
Which concept describes the point at which a party in mediation is unwilling to make further concessions?