Divorce Mediation 3

Question 1

Which of the following best describes 'interest-based' mediation in a divorce context?

Accepted Answer

Exploring the underlying needs and concerns of each party rather than fixed positions

Answer

Interest-based mediation digs beneath stated positions to uncover each spouse's real needs, enabling more creative and durable agreements.

Question 2

In which situation is a mediator ethically required to halt or withdraw from mediation?

Accepted Answer

When the mediator believes a fair agreement cannot be reached due to coercion or incapacity

Answer

A mediator must stop proceedings if coercion, impaired capacity, or other factors prevent voluntary and informed decision-making.

Question 3

What role does a QDRO (Qualified Domestic Relations Order) play in divorce mediation involving retirement accounts?

Accepted Answer

It is a court order that divides certain retirement plan benefits between spouses

Answer

A QDRO is a legal order required to divide employer-sponsored retirement accounts like 401(k)s without triggering taxes or penalties.

Question 4

What is 'shuttle mediation' and when is it commonly used in divorce cases?

Accepted Answer

A format where parties are in separate rooms and the mediator moves between them

Answer

Shuttle mediation keeps parties physically separated while the mediator relays offers and responses, often used when conflict or safety concerns prevent face-to-face sessions.

Question 5

Can a mediated divorce agreement be modified after it is approved by the court?

Accepted Answer

Yes, certain provisions like child support and custody can be modified if circumstances change

Answer

Child support, custody, and sometimes spousal support provisions can be modified post-judgment if there is a substantial change in circumstances.

Divorce Practice Test

Divorce Practice Test

Divorce Mediation 3