CDS Mediation and Conflict Resolution 2 — Questions and Answers
Question 1: During divorce mediation, one spouse becomes increasingly aggressive and begins threatening the other. What is the mediator's most appropriate immediate response?
- Continue the session but document the behavior
- Caucus separately with each party to de-escalate (Correct answer)
- Call law enforcement immediately
- Terminate the session and refer both parties to attorneys
Correct 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.
Question 2: Which mediation model focuses primarily on improving communication and empowering parties rather than reaching a settlement agreement?
- Evaluative mediation
- Transformative mediation (Correct answer)
- Facilitative mediation
- Directive mediation
Correct answer: Transformative mediation
Transformative mediation, developed by Bush and Folger, prioritizes empowerment and recognition between parties over reaching a specific settlement.
Question 3: A CDS mediator suspects one spouse is hiding cryptocurrency assets. What is the mediator's ethical obligation?
- Investigate the allegation independently
- Inform the other spouse of the suspicion
- Recommend full financial disclosure and advise the spouse to consult an attorney (Correct answer)
- Continue mediation and disregard the suspicion
Correct 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.
Question 4: In the context of divorce mediation, what does 'interest-based negotiation' mean?
- Negotiating based on investment returns and financial interests
- Focusing on the parties' underlying needs rather than stated positions (Correct answer)
- Calculating interest rates on marital debt during negotiation
- Prioritizing the interests of children over those of the spouses
Correct 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.
Question 5: Which of the following best describes 'BATNA' in divorce mediation?
- A legal term for the best available tax negotiation agreement
- The Best Alternative To a Negotiated Agreement (Correct answer)
- A psychological assessment tool for mediators
- A binding arbitration treatment for non-agreement
Correct 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.
Question 6: What is 'shuttle mediation' and when is it most appropriate in divorce cases?
- A rapid back-and-forth negotiation style in joint sessions
- Mediation where the mediator moves between parties in separate rooms (Correct answer)
- A digital mediation platform using video conferencing
- A technique for alternating custody schedules
Correct 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.
Question 7: Which ethical principle requires a divorce mediator to disclose any prior relationship with either spouse before beginning mediation?
- Confidentiality
- Self-determination
- Impartiality (Correct answer)
- Competence
Correct answer: Impartiality
Impartiality requires mediators to disclose any personal or professional relationships with either party that could create the appearance or reality of bias.
CDS Mediation and Conflict Resolution 2
During divorce mediation, one spouse becomes increasingly aggressive and begins threatening the other.
What is the mediator's most appropriate immediate response?