Preview Questions Mediator | Role Specific Skill

Question 1: What is the mediator's role in ensuring that the terms of a legal settlement agreement are reasonable and practical?

Which action should you take?

Choose only one option

Review the terms for fairness, ensure they are achievable, and assess potential legal implications

Focus solely on ensuring legal compliance, without considering the practicality of enforcement

Allow the parties to agree to any terms they wish without assessment

Draft the terms based solely on what is legally acceptable, disregarding practicality

Question 2: In a financial dispute involving misrepresentation, how does legal research inform the mediator's approach to resolving the issue?

Which action should you take?

Choose only one option

By focusing only on the financial outcomes and disregarding the legal facts

By allowing both parties to settle without reference to the legal standards

By suggesting a solution without exploring the legal implications

By reviewing case law on fraud, misrepresentation, and remedies to guide the mediation process

Question 3: What is the importance of checking applicable statutes of limitations during a mediation of contractual disputes?

Which action should you take?

Choose only one option

To focus solely on the financial aspects without considering the time constraints

To ensure that claims are not barred by time limits, which could affect the resolution process

To ignore the statute of limitations and assume the dispute can be resolved without time constraints

To focus on emotional aspects and not consider the legal time limitations

Question 4: How should a mediator handle a situation where a party refuses to sign the final mediation agreement?

Which action should you take?

Choose only one option

Leave the unsigned agreement and move forward with the mediation

Proceed with the mediation as if the agreement is binding without signatures

Address the concerns causing the reluctance and offer clarification or modifications to the agreement

Force the reluctant party to sign the agreement under pressure

Question 5: How can a mediator use legal research to assess the viability of proposed settlement terms?

Which action should you take?

Choose only one option

Evaluate the legal implications of each term based on applicable laws and precedents

Suggest that the terms are legally viable without conducting thorough research

Focus on the parties' preferences and ignore the legal implications

Assume that any proposed terms that are mutually agreed upon are legally valid

Question 6: In a mediation involving family law issues, how does legal research benefit the mediator in understanding jurisdictional concerns?

Which action should you take?

Choose only one option

By referencing state and federal statutes to understand the applicable jurisdictional rules

By focusing on the mediator's personal knowledge of family law without any external research

By postponing the mediation to allow for further legal review

By disregarding jurisdiction and assuming a local court's decision is adequate