CM CM Legal Framework and Jurisdiction 1

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

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?

Accepted Answer

Singapore Convention on Mediation

Answer

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:

Accepted Answer

Withdraw from the mediation

Answer

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?

Accepted Answer

It is enforceable as a contract once signed by the parties

Answer

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:

Accepted Answer

Encouraged to use alternative dispute resolution, including mediation

Answer

The Administrative Dispute Resolution Act of 1996 encourages federal agencies to use ADR processes, including mediation, to resolve disputes more efficiently than litigation.

CM - Certified Mediator Practice Test

CM - Certified Mediator Practice Test

CM CM Legal Framework and Jurisdiction 1