JIBC Conflict Resolution and Mediation 4 — Questions and Answers
Question 1: Which type of mediation is most commonly used in family law disputes involving child custody?
- Facilitative mediation
- Shuttle mediation (Correct answer)
- Binding arbitration
- Evaluative mediation
Correct answer: Shuttle mediation
Shuttle mediation, where the mediator moves between parties in separate rooms, is frequently used in high-conflict family matters to reduce direct confrontation.
Question 2: What is 'anchoring' in the context of negotiation?
- Documenting agreed terms in writing
- Setting an initial offer that influences subsequent discussion (Correct answer)
- Refusing to move from one's original position
- Establishing ground rules at the start of negotiation
Correct answer: Setting an initial offer that influences subsequent discussion
Anchoring is the tactic of presenting an initial offer or figure that psychologically influences the negotiation range.
Question 3: A restorative justice circle differs from traditional mediation primarily because it:
- Is led by a judge rather than a neutral
- Excludes the victim from the process
- Includes the broader community in addressing harm (Correct answer)
- Focuses solely on determining legal liability
Correct answer: Includes the broader community in addressing harm
Restorative justice circles involve the community alongside the victim and offender to collectively address harm and repair relationships.
Question 4: When parties in conflict communicate through intermediaries rather than directly, this is known as:
- Facilitated dialogue
- Shuttle diplomacy (Correct answer)
- Arbitration
- Co-mediation
Correct answer: Shuttle diplomacy
Shuttle diplomacy involves a neutral moving between parties who are not in direct communication to transmit offers and messages.
Question 5: Which document formally records the terms agreed upon at the conclusion of a mediation?
- Memorandum of Understanding (Correct answer)
- Mediation Agreement to Participate
- Statement of Claim
- Consent Order
Correct answer: Memorandum of Understanding
A Memorandum of Understanding (MOU) or settlement agreement documents the terms the parties have agreed to during mediation.
Question 6: The 'doorknob confession' in mediation refers to:
- A party admitting guilt at the start of a session
- Significant new information disclosed as a party is leaving (Correct answer)
- A mediator's closing summary
- A signed agreement at the end of mediation
Correct answer: Significant new information disclosed as a party is leaving
A doorknob confession occurs when a party reveals important information only as they are about to leave, often requiring the mediator to reopen discussion.
Question 7: In negotiation theory, 'expanding the pie' refers to:
- Increasing the number of parties at the table
- Creating additional value through creative options that benefit all parties (Correct answer)
- Demanding more than you expect to receive
- Splitting disputed resources equally
Correct answer: Creating additional value through creative options that benefit all parties
Expanding the pie means identifying integrative solutions that create more total value rather than simply dividing a fixed set of resources.
JIBC Conflict Resolution and Mediation 4
Which type of mediation is most commonly used in family law disputes involving child custody?