Mediation & Third-Party Facilitation Flashcards

Which scenario BEST illustrates the mediator's role in reality-testing during a caucus?

Answer: Asking a party to consider what a judge or jury might realistically award if the case goes to trial

Reality-testing helps parties move from wishful thinking to accurate assessments of their alternatives to settlement.

Narrative mediation differs from problem-solving mediation primarily because it:

Answer: Helps parties re-author their stories about the conflict to create new possibilities for resolution

Narrative mediation works to deconstruct dominant conflict narratives and collaboratively build alternative stories that allow resolution.

When a party in mediation is represented by counsel, the mediator should:

Answer: Work with both the party and counsel, respecting the attorney-client relationship

The mediator must respect the attorney-client relationship while building rapport with all participants to facilitate effective dialogue.

The 'bracketing' technique in facilitated negotiation involves:

Answer: Exchanging conditional offers within a defined range to signal settlement zones without firm commitment

Bracketing allows parties to explore potential settlement ranges without being bound by their exploratory offers.

A co-mediation model is MOST advantageous when:

Answer: The case involves highly technical subject matter or significant cultural differences requiring diverse expertise

Co-mediation leverages complementary skills or backgrounds, especially valuable in complex, cross-cultural, or technical disputes.

Which of the following MOST accurately describes the concept of 'zopa' in the context of a facilitated negotiation?

Answer: The range between each party's reservation point where a mutually acceptable deal is theoretically possible

ZOPA (Zone of Possible Agreement) is the overlap between the minimum each party will accept, defining the bargaining space.

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

Answer: A party's threat to commit a crime or inflict bodily harm

The UMA contains an exception to confidentiality when a communication involves threats of future crimes or bodily harm.