Mediation and Conflict Resolution Flashcards

A CDS is mediating a divorce involving minor children. When evaluating parenting plan proposals, what standard should guide the mediator?

Answer: The best interests of the child

The 'best interests of the child' standard is the paramount legal and ethical framework guiding all parenting plan decisions in U.S. divorce proceedings.

Which conflict resolution style, often identified in the Thomas-Kilmann model, is most associated with 'lose-lose' outcomes in divorce negotiations?

Answer: Avoiding

Avoiding — withdrawing from conflict without resolution — typically results in lose-lose outcomes because neither party's needs are addressed and issues remain unresolved.

In high-conflict divorce mediation, what is the role of a 'co-mediator' or 'co-mediation team'?

Answer: To provide two neutral professionals who can balance different perspectives and manage power dynamics

Co-mediation teams bring complementary skills (often different genders or professional backgrounds) and can more effectively manage high-conflict dynamics and power imbalances.

What is 'reality testing' as used by divorce mediators during negotiation?

Answer: Asking questions that help a party assess the viability or consequences of their position

Reality testing involves asking probing questions like 'What do you think a judge would decide?' to help parties evaluate whether their positions are realistic or sustainable.

Under most state laws, who owns a mediation agreement once it is signed by both parties?

Answer: The parties themselves, once signed it becomes a contract between them

A signed mediation agreement is a contract between the parties; once incorporated into a court order it gains additional enforcement power but the agreement itself belongs to the parties.

Which of the following behaviors by a mediator would constitute a breach of the duty of neutrality?

Answer: Suggesting that one spouse's proposal seems 'more fair' than the other's

Expressing an opinion that one party's position is more fair constitutes evaluative bias and violates the mediator's duty of neutrality and impartiality.

What is the significance of the 'cooling-off period' sometimes included in divorce mediation agreements?

Answer: It gives attorneys time to review the agreement before it becomes final

Cooling-off periods in mediated agreements allow each party time to have independent legal counsel review the terms before they become binding, protecting against hasty decisions.