Question 1

In mediation,which of the following activities must the mediator conduct?

Accepted Answer

All of the other choices are likely included in the mediator's activities. The mediator gathers information from both parties, explains the process to them, encourages compromise, discusses options with them, and helps them reach a mutually acceptable resolution.

Question 2

Unlike arbitrators,mediators:

Accepted Answer

Mediators facilitate communication and negotiation between parties in conflict, but they do not have the power to impose a decision. The goal is to reach a mutually agreeable solution that both parties can accept.

Question 3

Mediation is:

Accepted Answer

Mediation is a voluntary process where a neutral third party, the mediator, facilitates communication and negotiation between two or more parties in order to reach a mutually acceptable agreement. It is not forced, as parties have the choice to either participate or not. It is also not involuntary as parties have the ability to control the process and the outcome.

Question 4

Ralph hangs a sign in front of his office that reads,"Ralph,Expert Mediator." In fact,Ralph has no training as a mediator.If Cindy uses Ralph's services and finds the agreement he negotiated to be nonsense,she may:

Accepted Answer

By advertising himself as an "Expert Mediator," Ralph is implying that he has professional training and expertise in mediation. However, if Cindy discovers that he has no such training and the agreement he negotiated is nonsensical, she can sue him for failing to perform in a professional manner. It is important for professionals to accurately represent their qualifications and expertise to avoid liability for misrepresentation or fraud.

Question 5

Negotiation is always:

Accepted Answer

Negotiation is not always compulsory and can be voluntary. It can be informal or formal and may or may not involve lawyers. However, negotiation is not necessarily alienating, as effective negotiation can lead to mutually beneficial agreements.

Question 6

Negotiated settlements are usually:

Accepted Answer

Negotiated settlements are agreements made between parties to resolve a dispute out of court. These agreements are usually in the form of a written contract that is enforceable by the courts. Verbal apologies or contracts may be part of the settlement terms, but they are not typically the only or primary component. Therefore, option A is the most suitable choice.

Question 7

Almost nothing said in a negotiation may be:

Accepted Answer

Almost nothing said in a negotiation may be used in a court case if the negotiation fails, as negotiations are typically considered confidential and without prejudice. This allows parties to negotiate openly without fear of their statements being used against them in court.

Question 8

One key area in which mediation is often used is:

Accepted Answer

Labor disputes are a common area in which mediation is used. Mediation can help both sides come to a mutually beneficial agreement without the need for formal legal action or arbitration. It allows for open communication and understanding between the parties involved, which can lead to a more positive and productive working relationship in the future.

Question 9

The stages of a negotiation include:

Accepted Answer

The exchange of information is one of the stages of a negotiation, where both parties share their interests, goals, and relevant information to find a mutually beneficial agreement. The other options listed are not stages in a negotiation. Planning the negotiation may involve preparation, but this is typically done independently by each party, and the involvement of an arbitrator is not always necessary. Presenting evidence at court and requesting approval by a judge suggest that the negotiation has evolved into a legal proceeding, which is not always the case.

Question 10

The first stage of a negotiation should involve:

Accepted Answer

The first stage of a negotiation should involve studying the issues. This will help both parties understand what they want to achieve and what is important to them. It will also help them identify areas of potential compromise.

Question 11

A mediator is:

Accepted Answer

A mediator is a neutral third party who helps parties to a dispute to reach a mutually acceptable solution. They do this by facilitating communication between the parties and helping them to identify and address the underlying issues of the conflict. The mediator does not make decisions or determine fault, but rather assists the parties to create their own resolution.

Question 12

Collecting information,outlining key issues and encouraging compromise are all parts of:

Accepted Answer

Collecting information, outlining key issues, and encouraging compromise are all key responsibilities of a mediator. A mediator works to facilitate communication and negotiation between conflicting parties with the goal of reaching a mutually agreeable solution. Paralegals assist lawyers in legal research, drafting documents, and other tasks related to legal proceedings. Bailiffs are responsible for security and maintaining order in courtrooms. Judges make decisions based on the facts and evidence presented in court, while juries weigh evidence and reach a verdict in criminal and civil trials.

Question 13

The goal of mediation is to:

Accepted Answer

The goal of mediation is to reach a mutually acceptable agreement between the conflicting parties. It is a non-adversarial process where a neutral third party helps to facilitate communication and negotiation between the parties in order to come to a resolution that works for everyone involved. Winning a judgment against one's opponent and forcing them to accept defeat is not the goal of mediation, and hiding information from one's opponent goes against the principles of transparency and openness that are necessary for successful mediation.

Question 14

Surveys indicate that lawyers:

Accepted Answer

Surveys have shown that lawyers generally prefer mediation to arbitration. This is because mediation allows for more control over the outcome and is less confrontational than arbitration or a trial. Additionally, mediation is typically less expensive and time-consuming than the other two options.

Question 15

If a negotiation is conducted properly:

Accepted Answer

This statement is true because negotiations are typically conducted under a "without prejudice" or "privileged" framework, which means that statements made during the negotiation process cannot be used as evidence in court. This encourages parties to speak freely and make concessions in order to reach a mutually beneficial agreement.

Question 16

When studying the issues involved in a negotiation,a party should:

Accepted Answer

All of the other choices are correct and important considerations when studying the issues involved in a negotiation. Gathering facts and relevant information, not relying on personal opinions, considering the objectives of negotiation, and understanding the weak points of one's own position are all key factors to properly prepare for a negotiation.

Question 17

Which of the following is NOT part of a mediator's job:

Accepted Answer

Mediators are trained to help parties in conflict find mutually acceptable solutions without resorting to court litigation. Bringing a case to court is not part of their job.

Question 18

Mediation is:

Accepted Answer

The answer of Mediation is:
...

Question 19

Both India and China have reputations for:

Accepted Answer

Both India and China have a reputation for not enforcing foreign arbitration awards in their courts. This is attributed to their respective legal systems, which prioritize domestic law over international law.

Question 20

A decision by the Chinese Supreme Court held that:

Accepted Answer

The decision by the Chinese Supreme Court held that lower Chinese courts cannot overturn arbitral awards without its permission.

Quiz 3: Trials and Resolving Disputes

In mediation,which of the following activities must the mediator conduct?

Unlike arbitrators,mediators:

Mediation is:

Ralph hangs a sign in front of his office that reads,"Ralph,Expert Mediator." In fact,Ralph has no training as a mediator.If Cindy uses Ralph's services and finds the agreement he negotiated to be nonsense,she may:

Negotiation is always:

Negotiated settlements are usually:

Almost nothing said in a negotiation may be:

One key area in which mediation is often used is:

The stages of a negotiation include:

The first stage of a negotiation should involve:

A mediator is:

Collecting information,outlining key issues and encouraging compromise are all parts of:

The goal of mediation is to:

Surveys indicate that lawyers:

If a negotiation is conducted properly:

When studying the issues involved in a negotiation,a party should:

Which of the following is NOT part of a mediator's job:

Mediation is:

Both India and China have reputations for:

A decision by the Chinese Supreme Court held that: