Mediation and Conflict Resolution Flashcards

Under the Uniform Mediation Act (UMA), which of the following communications is generally NOT protected by mediation privilege?

Answer: A party's admission of a crime planned for the future

The UMA excludes from privilege communications that a mediator or party reasonably believes indicate a plan to commit a felony, inflict bodily harm, or threaten public safety.

A divorcing couple has a history of domestic violence. Which is the most appropriate course of action for a CDS?

Answer: Screen for safety and consider whether mediation is appropriate at all

Domestic violence screening is a critical pre-mediation step; cases with significant power imbalances or safety concerns may require referral to litigation rather than mediation.

What is the primary purpose of a 'Memorandum of Understanding' (MOU) produced in divorce mediation?

Answer: It summarizes the agreements reached for attorneys to convert into a formal legal document

An MOU documents the parties' agreed terms in mediation and is typically reviewed by each party's independent attorney before being formalized into a binding legal settlement.

In divorce mediation, 'positional bargaining' is typically less effective than interest-based approaches because:

Answer: It entrenches parties in competing demands rather than exploring mutual solutions

Positional bargaining creates win-lose dynamics where each party defends fixed demands, making compromise difficult and often damaging the co-parenting relationship.

During a mediation session focused on property division, a spouse discloses in caucus that they intend to hide assets from the final settlement. How should the mediator proceed?

Answer: Terminate the mediation, as it cannot continue in good faith

When a party reveals intent to commit fraud, the mediation process is compromised; the mediator must terminate rather than facilitate an agreement built on deception.

Which of the following is a key characteristic that distinguishes mediation from arbitration in divorce proceedings?

Answer: In arbitration, the arbitrator imposes a binding decision; in mediation, parties retain decision-making power

The defining distinction is that arbitrators decide the outcome (binding), while mediators facilitate parties in reaching their own mutually agreed solution.

What does 'informed consent' mean in the context of divorce mediation?

Answer: Parties voluntarily participate after understanding the process, their rights, and alternatives

Informed consent requires that parties understand what mediation is, how it differs from litigation, their right to withdraw, and what will happen with the information shared.