Mediation and Conflict Resolution Flashcards

A divorcing couple cannot agree on the value of a family business. What mediation technique is most appropriate to move the process forward?

Answer: Bring in a jointly agreed-upon neutral business valuator

Engaging a jointly selected neutral business valuator provides an objective assessment both parties can trust, helping to break the impasse on valuation disputes.

Which of the following is an example of 'active listening' techniques a divorce mediator should use?

Answer: Paraphrasing what a party said to confirm understanding and show attention

Paraphrasing and reflecting back what a party said demonstrates active listening, validates their perspective, and ensures accurate understanding before moving forward.

In divorce mediation, what is the purpose of a 'pre-mediation screening' or 'intake session'?

Answer: To assess suitability for mediation, identify power imbalances, safety issues, and set expectations

Pre-mediation screening identifies factors like domestic violence, substance abuse, or mental health issues that could affect the fairness or safety of the mediation process.

A Certified Divorce Specialist is asked to mediate between two attorneys representing their clients. This is known as:

Answer: Representative mediation

Representative mediation involves the mediator working with parties through their attorneys as representatives, common in high-asset or complex divorces where direct party participation is limited.

Which of the following best explains why divorcing parties often reach more durable agreements through mediation than through litigation?

Answer: Parties who craft their own agreements are more invested in honoring them

Research shows that self-determined agreements have higher compliance rates because parties feel ownership over solutions they created, rather than having terms imposed by a judge.

When a mediator uses 'reframing,' what are they doing?

Answer: Restating a party's negative or positional statement in neutral, interest-based language

Reframing transforms accusatory or entrenched statements into forward-looking, interest-based language that opens dialogue rather than closing it.

Under the Model Standards of Conduct for Mediators (jointly adopted by AAA, ABA, and ACR), what is the mediator's obligation if they determine they cannot remain impartial?

Answer: Withdraw from the mediation

The Model Standards require a mediator who cannot remain impartial to withdraw from the case, as proceeding would undermine the integrity of the entire process.