CPN Mediation & Third-Party Facilitation 3

Question 1

An evaluative mediator primarily assists parties by:

Accepted Answer

Providing assessments of the strengths and weaknesses of each party's legal position

Answer

Evaluative mediators offer candid assessments of likely litigation outcomes to help parties make informed settlement decisions.

Question 2

The 'ripeness' doctrine in third-party facilitation suggests that mediation is most effective when:

Accepted Answer

The conflict has reached a hurting stalemate and both sides perceive negotiation as preferable to continued conflict

Answer

Ripeness theory holds that parties must feel enough pain from the conflict to be motivated to seek a negotiated solution.

Question 3

Which ethical obligation requires a mediator to avoid situations where personal relationships or financial interests could compromise impartiality?

Accepted Answer

Duty of disclosure and conflict of interest avoidance

Answer

Mediators must disclose any relationships or interests that could impair neutrality and withdraw if a conflict cannot be waived.

Question 4

In a multi-party mediation involving six stakeholders, the facilitator's MOST critical structural challenge is:

Accepted Answer

Managing coalition formation and preventing dominant voices from silencing minority interests

Answer

With many parties, alliances form naturally and smaller stakeholders can be marginalized, which the facilitator must actively counteract.

Question 5

Which of the following is a key feature of interest-based facilitation as opposed to positional bargaining facilitation?

Accepted Answer

The facilitator helps parties articulate underlying needs rather than defending stated demands

Answer

Interest-based facilitation uncovers motivations beneath positions, enabling creative solutions that positional bargaining cannot reach.

(CPN) Certified Professional Negotiator Practice Test