Mediation and Conflict Resolution Flashcards
7 cards from real CDS practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Mediation and Conflict Resolution flashcards as text
During divorce mediation, one spouse becomes increasingly aggressive and begins threatening the other. What is the mediator's most appropriate immediate response?
Answer: Caucus separately with each party to de-escalate
Caucusing (meeting privately with each party) is the standard technique to de-escalate tension while keeping the mediation process moving.
Which mediation model focuses primarily on improving communication and empowering parties rather than reaching a settlement agreement?
Answer: Transformative mediation
Transformative mediation, developed by Bush and Folger, prioritizes empowerment and recognition between parties over reaching a specific settlement.
A CDS mediator suspects one spouse is hiding cryptocurrency assets. What is the mediator's ethical obligation?
Answer: Recommend full financial disclosure and advise the spouse to consult an attorney
Mediators must remain neutral but can recommend full financial disclosure processes and advise parties to seek independent legal counsel when hidden assets are suspected.
In the context of divorce mediation, what does 'interest-based negotiation' mean?
Answer: Focusing on the parties' underlying needs rather than stated positions
Interest-based negotiation (from Fisher and Ury's 'Getting to Yes') focuses on underlying needs, fears, and motivations rather than rigid positional demands.
Which of the following best describes 'BATNA' in divorce mediation?
Answer: The Best Alternative To a Negotiated Agreement
BATNA (Best Alternative To a Negotiated Agreement) helps parties evaluate whether a mediated agreement is better than their alternative, typically litigation.
What is 'shuttle mediation' and when is it most appropriate in divorce cases?
Answer: Mediation where the mediator moves between parties in separate rooms
Shuttle mediation involves the mediator traveling between parties in separate rooms, most useful when direct contact between parties is inadvisable due to high conflict or domestic abuse history.
Which ethical principle requires a divorce mediator to disclose any prior relationship with either spouse before beginning mediation?
Answer: Impartiality
Impartiality requires mediators to disclose any personal or professional relationships with either party that could create the appearance or reality of bias.
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