CDS Mediation and Conflict Resolution 3

Question 1

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

Accepted Answer

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

Answer

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.

Question 2

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

Accepted Answer

Screen for safety and consider whether mediation is appropriate at all

Answer

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.

Question 3

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

Accepted Answer

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

Answer

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.

Question 4

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

Accepted Answer

It entrenches parties in competing demands rather than exploring mutual solutions

Answer

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

Question 5

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?

Accepted Answer

Terminate the mediation, as it cannot continue in good faith

Answer

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.

(CDS) Certified Divorce Specialist Practice Test

(CDS) Certified Divorce Specialist Practice Test

CDS Mediation and Conflict Resolution 3