CPN Mediation & Third-Party Facilitation 2 — Questions and Answers
Question 1: Which mediator behavior is MOST likely to cause an impasse during a joint session?
- Summarizing each party's position before moving on
- Allowing one party to repeatedly interrupt the other without intervention (Correct answer)
- Asking open-ended questions to explore underlying interests
- Reframing hostile statements into neutral language
Correct answer: Allowing one party to repeatedly interrupt the other without intervention
Allowing interruptions erodes respect and trust, making productive dialogue nearly impossible.
Question 2: In transformative mediation, the primary goal of the mediator is to:
- Reach a binding settlement agreement as quickly as possible
- Evaluate the legal merits of each party's position
- Strengthen each party's capacity for self-determination and mutual recognition (Correct answer)
- Propose creative solutions that satisfy both parties' interests
Correct answer: Strengthen each party's capacity for self-determination and mutual recognition
Transformative mediation focuses on empowerment and recognition rather than settlement outcomes.
Question 3: A mediator who privately meets with each party separately is conducting:
- An ex parte communication
- A caucus (Correct answer)
- An arbitration hearing
- A shuttle diplomacy session only used in international disputes
Correct answer: A caucus
A caucus is a private meeting between the mediator and one party, used to explore sensitive issues or break deadlocks.
Question 4: When a third-party facilitator introduces a 'single negotiating text,' the purpose is to:
- Bind both parties to predetermined terms
- Provide a starting draft that both parties can jointly modify and improve (Correct answer)
- Replace direct negotiation entirely
- Establish the mediator's recommended settlement
Correct answer: Provide a starting draft that both parties can jointly modify and improve
A single negotiating text serves as a working document that parties refine together, reducing positional entrenchment.
Question 5: Med-arb differs from pure mediation in that the neutral:
- Has no authority to impose a decision under any circumstances
- May impose a binding decision if mediation fails to produce an agreement (Correct answer)
- Must obtain court approval before proceeding
- Is prohibited from conducting private caucuses
Correct answer: May impose a binding decision if mediation fails to produce an agreement
In med-arb, if mediation is unsuccessful the neutral shifts roles and issues a binding arbitration award.
Question 6: Which of the following BEST describes 'mediator's proposal'?
- A formal legal opinion issued by the mediator
- A confidential suggestion offered by the mediator that parties accept or reject privately (Correct answer)
- A binding term sheet signed in the mediator's presence
- A public recommendation published after the session
Correct answer: A confidential suggestion offered by the mediator that parties accept or reject privately
A mediator's proposal is shared privately so parties can say yes or no without revealing their bottom line to the other side.
Question 7: In online dispute resolution (ODR) facilitation, which unique challenge does the facilitator face compared to in-person mediation?
- Parties are more likely to reach agreement due to reduced emotional intensity
- Loss of non-verbal cues makes it harder to gauge emotional states and build rapport (Correct answer)
- Confidentiality obligations no longer apply in digital environments
- Caucus sessions cannot be conducted remotely
Correct answer: Loss of non-verbal cues makes it harder to gauge emotional states and build rapport
The absence of body language and physical presence reduces the facilitator's ability to read the room and build interpersonal connection.
CPN Mediation & Third-Party Facilitation 2
Which mediator behavior is MOST likely to cause an impasse during a joint session?