CM CM Legal Framework and Jurisdiction

Question 1

Under the Uniform Mediation Act (UMA), which of the following communications made during mediation are generally protected as privileged?

Accepted Answer

All mediation communications by mediators and parties

Answer

Only written agreements signed by both parties

Answer

Only communications made by the mediator

Answer

Statements made in opening sessions only

Question 2

Which federal statute governs the enforceability of mediated settlement agreements in international commercial disputes involving U.S. parties?

Accepted Answer

Singapore Convention on Mediation

Answer

Federal Arbitration Act

Answer

Uniform Mediation Act

Answer

Administrative Dispute Resolution Act

Question 3

In court-connected mediation programs, a mediator who learns that a party intends to commit fraud is MOST likely obligated to:

Accepted Answer

Withdraw from the mediation

Answer

Report the fraud to the court immediately

Answer

Confront the party publicly in joint session

Answer

Continue mediating and document the concern

Question 4

Which of the following BEST describes the legal status of a mediated settlement agreement in most U.S. states?

Accepted Answer

It is enforceable as a contract once signed by the parties

Answer

It is automatically entered as a court judgment

Answer

It requires notarization to be binding

Answer

It must be approved by a judge before taking effect

Question 5

Under the Administrative Dispute Resolution Act of 1996, federal agencies are:

Accepted Answer

Encouraged to use alternative dispute resolution, including mediation

Answer

Prohibited from using mediation in regulatory disputes

Answer

Required to use arbitration before attempting mediation

Answer

Limited to mediation only for employment disputes

Question 6

A mediator is subpoenaed to testify about what was said during a private caucus. Under the Uniform Mediation Act, the mediator should:

Accepted Answer

Assert mediation privilege and refuse to testify unless an exception applies

Answer

Testify fully since the subpoena overrides privilege

Answer

Only share information the mediator personally said

Answer

Seek written consent from both parties before responding