CM CM Legal Framework and Jurisdiction 1 — Questions and Answers
Question 1: Under the Uniform Mediation Act (UMA), which of the following communications made during mediation are generally protected as privileged?
- Only written agreements signed by both parties
- All mediation communications by mediators and parties (Correct answer)
- Only communications made by the mediator
- Statements made in opening sessions only
Correct answer: All mediation communications by mediators and parties
The UMA grants privilege to all mediation communications made by mediators, parties, and nonparty participants, protecting them from disclosure in subsequent proceedings.
Question 2: Which federal statute governs the enforceability of mediated settlement agreements in international commercial disputes involving U.S. parties?
- Federal Arbitration Act
- Singapore Convention on Mediation (Correct answer)
- Uniform Mediation Act
- Administrative Dispute Resolution Act
Correct answer: Singapore Convention on Mediation
The Singapore Convention on Mediation (UN Convention on International Settlement Agreements) provides an enforcement framework for international commercial mediated settlements, which the U.S. has signed.
Question 3: In court-connected mediation programs, a mediator who learns that a party intends to commit fraud is MOST likely obligated to:
- Report the fraud to the court immediately
- Withdraw from the mediation (Correct answer)
- Confront the party publicly in joint session
- Continue mediating and document the concern
Correct answer: Withdraw from the mediation
When a party plans to commit fraud, the mediator's duty of impartiality and confidentiality conflicts with public policy, and withdrawal is typically the appropriate ethical response.
Question 4: Which of the following BEST describes the legal status of a mediated settlement agreement in most U.S. states?
- It is automatically entered as a court judgment
- It is enforceable as a contract once signed by the parties (Correct answer)
- It requires notarization to be binding
- It must be approved by a judge before taking effect
Correct answer: It is enforceable as a contract once signed by the parties
In most U.S. jurisdictions, a signed mediated settlement agreement is enforceable as a binding contract under standard contract law principles.
Question 5: Under the Administrative Dispute Resolution Act of 1996, federal agencies are:
- Prohibited from using mediation in regulatory disputes
- Encouraged to use alternative dispute resolution, including mediation (Correct answer)
- Required to use arbitration before attempting mediation
- Limited to mediation only for employment disputes
Correct answer: Encouraged to use alternative dispute resolution, including mediation
The Administrative Dispute Resolution Act of 1996 encourages federal agencies to use ADR processes, including mediation, to resolve disputes more efficiently than litigation.
Question 6: A mediator is subpoenaed to testify about what was said during a private caucus. Under the Uniform Mediation Act, the mediator should:
- Testify fully since the subpoena overrides privilege
- Assert mediation privilege and refuse to testify unless an exception applies (Correct answer)
- Only share information the mediator personally said
- Seek written consent from both parties before responding
Correct answer: Assert mediation privilege and refuse to testify unless an exception applies
The UMA grants mediators an independent privilege to refuse disclosure of mediation communications, and the mediator should assert this privilege unless a statutory exception clearly applies.
CM CM Legal Framework and Jurisdiction 1
Under the Uniform Mediation Act (UMA), which of the following communications made during mediation are generally protected as privileged?