Negotiation & Mediation Skills Flashcards

A spouse refuses to disclose retirement account balances during mediation. What is the CDA's most appropriate step?

Answer: Stress the importance of full financial disclosure and suggest a discovery process

Full financial disclosure is essential for equitable settlements; a CDA should explain this requirement and guide parties toward proper discovery.

Which conflict resolution approach yields partial satisfaction for both parties through mutual concessions?

Answer: Compromising

Compromising involves each party giving up something to reach a middle-ground agreement, unlike collaboration which seeks full mutual gain.

'Reframing' in mediation means:

Answer: Restating a party's message in a more neutral or constructive way

Reframing transforms negative or positional statements into neutral language focused on interests, reducing defensiveness.

When parties are at an impasse over child custody schedules, the most effective mediator move is to:

Answer: Break the issue into smaller sub-issues and address each separately

Breaking large impasses into smaller issues makes the problem more manageable and allows incremental progress toward agreement.

Which type of mediation allows the mediator to evaluate the strengths and weaknesses of each party's legal position?

Answer: Evaluative

Evaluative mediators provide opinions on likely court outcomes, helping parties assess their BATNA more realistically.

A 'caucus' in mediation refers to:

Answer: A private meeting between the mediator and one party

A caucus is a confidential private session that allows the mediator to explore sensitive concerns a party may not raise in joint session.

When one spouse earns significantly more income than the other, a CDA should be aware that this power imbalance may:

Answer: Cause the lower-earning spouse to agree to unfavorable terms

Economic power imbalances can pressure a financially dependent spouse into accepting unfavorable settlements, which a CDA must actively manage.