CM CM Specialized Mediation Contexts 2 — Questions and Answers
Question 1: In healthcare mediation, which type of dispute is MOST commonly referred to mediation rather than litigation?
- Prescription drug pricing disputes
- Medical malpractice claims and patient-provider conflicts (Correct answer)
- Insurance premium negotiations
- Hospital licensing disputes
Correct answer: Medical malpractice claims and patient-provider conflicts
Healthcare mediation is most commonly used for medical malpractice claims and patient-provider conflicts, where early resolution can preserve relationships, reduce costs, and provide emotional closure for patients.
Question 2: Transformative mediation differs from facilitative mediation primarily in that transformative mediation:
- Focuses exclusively on reaching a settlement agreement
- Emphasizes empowering parties and recognizing each other's perspectives over settlement (Correct answer)
- Relies on the mediator's subject matter expertise to guide outcomes
- Uses shuttle diplomacy rather than joint sessions
Correct answer: Emphasizes empowering parties and recognizing each other's perspectives over settlement
Transformative mediation prioritizes shifts in the quality of the parties' interaction — empowerment and recognition — over reaching a settlement, viewing conflict transformation as the primary goal.
Question 3: In labor-management mediation conducted under the Federal Mediation and Conciliation Service (FMCS), mediators are PRIMARILY responsible for:
- Imposing binding contract terms when negotiations stall
- Facilitating negotiations between union and management without imposing solutions (Correct answer)
- Representing the federal government's interest in labor stability
- Arbitrating unresolved grievances under the collective bargaining agreement
Correct answer: Facilitating negotiations between union and management without imposing solutions
FMCS mediators facilitate contract negotiations and labor disputes without authority to impose terms, preserving the voluntary nature of collective bargaining.
Question 4: In divorce mediation, which financial issue CANNOT be resolved through mediation alone and requires court approval in virtually all U.S. states?
- Division of retirement accounts
- Child support obligations (Correct answer)
- Property settlement agreements
- Spousal maintenance amounts
Correct answer: Child support obligations
Child support agreements reached in mediation must be reviewed and approved by a court to ensure they meet state guidelines and protect the child's financial interests.
Question 5: Cross-cultural mediation requires a mediator to PRIMARILY be aware of:
- The need to apply U.S. legal standards uniformly to all parties
- How cultural differences affect communication styles, authority, and conflict norms (Correct answer)
- Using a certified interpreter for all non-English speakers
- Requiring parties from different cultures to use the same ADR format
Correct answer: How cultural differences affect communication styles, authority, and conflict norms
Effective cross-cultural mediation demands cultural competence — understanding how different backgrounds shape each party's communication preferences, concepts of authority, face-saving, and acceptable dispute resolution.
Question 6: In peer mediation programs at U.S. schools, the PRIMARY goal is to:
- Reduce the workload of school administrators handling discipline
- Empower students to resolve conflicts among themselves with trained peer support (Correct answer)
- Replace formal disciplinary procedures with informal resolution
- Ensure all student disputes are resolved without adult involvement
Correct answer: Empower students to resolve conflicts among themselves with trained peer support
School peer mediation programs are designed to develop students' conflict resolution skills and empower them to address disputes constructively with the support of trained student mediators.
CM CM Specialized Mediation Contexts 2
In healthcare mediation, which type of dispute is MOST commonly referred to mediation rather than litigation?