Preview Questions Mediator | Role Specific Skill

Question 1: How can a mediator determine whether an agreement reached in mediation is legally enforceable?

Which action should you take?

Choose only one option

Assume the agreement is enforceable without checking the legality

Research applicable case law and statutes to ensure the agreement is within legal bounds

Allow the parties to determine the enforceability without intervention

Rely on the terms agreed upon by the parties without legal research

Question 2: How can a mediator use legal research to inform the structuring of settlement agreements?

Which action should you take?

Choose only one option

Focus only on the business or practical aspects of the agreement, ignoring legal concerns

Rely on the parties' proposed terms without verifying their legal implications

Research applicable laws to ensure the settlement is legally sound, enforceable, and balanced for both parties

Assume that any settlement agreed upon by the parties will be automatically enforceable

Question 3: How can a mediator maintain effective communication when one party is emotionally overwhelmed?

Which action should you take?

Choose only one option

By validating their feelings, allowing them to express emotions, and gradually guiding them back to the discussion

By ignoring the emotional reaction and continuing with the process

By cutting the session short to avoid further emotional outbursts

By focusing only on the legal aspects and dismissing emotional concerns

Question 4: How does a mediator effectively manage a negotiation where there is a significant cultural difference between the parties?

Which action should you take?

Choose only one option

By focusing only on the legal aspects of the dispute and ignoring cultural nuances

By acknowledging the cultural differences and adjusting the communication approach accordingly

By forcing both parties to adapt to the mediator's cultural expectations

By allowing one party to dominate the conversation based on their cultural perspective

Question 5: How can a mediator ensure the clarity of terms in a written settlement agreement?

Which action should you take?

Choose only one option

By providing general terms that leave flexibility for interpretation

By using clear, precise language that avoids ambiguity and ensuring both parties understand

By using complex legal jargon to make the document appear more formal

By summarizing the parties' positions and leaving room for future negotiation

Question 6: What is the role of a mediator in situations where both parties are reluctant to negotiate directly with each other?

Which action should you take?

Choose only one option

Allowing the parties to negotiate privately without any mediator input

Encouraging them to negotiate directly without the mediator's involvement

Allowing one party to negotiate on behalf of the other

Facilitating communication between the parties through private sessions (caucuses) and helping them articulate their needs