Mediation - Quiz
Mediation
  • 1. What entity has HRM policies and practices shifted focus away from?
A) Internal staff members
B) Human resource managers
C) Unions and AIRC
D) Government regulators
  • 2. Which Australian government is credited with creating an environment to foster private ADR?
A) The Keating government
B) The Howard government
C) The Fraser government
D) The Hawke government
  • 3. Which industry sector has experienced the greatest growth in mediation?
A) Healthcare sector
B) Public manufacturing sector
C) Private business sector
D) Government administration
  • 4. What was a key element of the 2006 Work Choices Act?
A) Strengthening union influence
B) Weakening the AIRC
C) Removing all HRM policies
D) Mandating state arbitration
  • 5. Which of these is mentioned as a common workplace dispute?
A) Allegations of harassment
B) International policy disagreements
C) External corporate mergers
D) National trade disputes
  • 6. Why are mediation or workplace investigations appropriate for workplace disputes?
A) Parties have an ongoing relationship in a closed system
B) They are mandated by the AIRC
C) They completely ignore hierarchical structures
D) They are always cheaper than litigation
  • 7. What factor can complicate mediation in the workplace?
A) Lack of legal documentation
B) Involvement of the government
C) Hierarchy and job security
D) External union interference
  • 8. What does PDM stand for?
A) Professional development mediation
B) Party-directed mediation
C) Policy-directed management
D) Peer-driven management
  • 9. Which types of disputes is PDM particularly suited for?
A) Corporate branding disputes
B) Deep-seated interpersonal conflict
C) Salary negotiations
D) Government regulatory compliance
  • 10. What is the primary activity of the pre-caucus in PDM?
A) Terminating the employees
B) Signing a legal contract
C) Listening to each party separately
D) Arbitrating the dispute
  • 11. What is included in the PDM pre-caucus process?
A) Coaching and role plays
B) Financial compensation audits
C) Cross-examination of witnesses
D) Legal advice for both parties
  • 12. What is the goal of the PDM joint session?
A) Forcing a settlement through intimidation
B) Avoiding direct conversation at all costs
C) Learning how to converse directly with an adversary
D) Assigning blame to one specific party
  • 13. What does NPA stand for?
A) Non-partisan appraisal
B) National policy agreement
C) Neutral personnel assessment
D) Negotiated performance appraisal
  • 14. What is the benefit of the NPA tool?
A) Replaces all management authority
B) Preserves hierarchical power while encouraging dialogue
C) Focuses exclusively on financial bonuses
D) Removes the need for supervisor feedback
  • 15. What caused the decline of unionism according to the text?
A) Mandatory arbitration laws
B) The rise of the individual
C) Increased government funding for unions
D) The success of the AIRC
  • 16. How does mediation typically affect the time required to resolve a dispute compared to court?
A) It takes significantly less time.
B) It takes the exact same amount of time.
C) It takes significantly more time.
D) It is not possible to determine the time difference.
  • 17. What usually happens to a mediator's notes after the mediation concludes?
A) They are filed with the court.
B) They are published in a public report.
C) They are sent to the attorneys.
D) They are often destroyed.
  • 18. Which of these is a common exception to mediation confidentiality?
A) Threatened criminal acts.
B) Failure to reach an agreement.
C) Disagreements over property value.
D) The high cost of the mediator.
  • 19. Who holds the control over the resolution in a court case?
A) The mediator.
B) The court clerk.
C) The parties involved.
D) The judge or jury.
  • 20. Are mediated agreements enforceable in a court of law?
A) Yes, they are fully enforceable.
B) No, they are merely suggestions.
C) Only if the judge was present.
D) Only if a lawyer signs them.
  • 21. What is the role of the mediator during the process?
A) An advocate for the party with the strongest case.
B) A judge making a final ruling.
C) A neutral facilitator.
D) A legal advisor for both sides.
  • 22. What is the term for a mediator analyzing issues and relevant norms without giving prescriptive advice?
A) Arbitration
B) Litigation
C) Reality-testing
D) Judgment
  • 23. What was the term for a non-marital mediator in Ancient Greece?
A) Conciliator
B) Internuncius
C) Philantropus
D) Proxenetas
  • 24. In Roman law, which document recognized mediation starting in 530–533 CE?
A) The Anglo-Saxon Code
B) The Singapore Convention
C) Justinian's Digest
D) The Epistle to the Philippians
  • 25. Which of the following describes the nature of participation in mediation?
A) Typically voluntary
B) Mandatory by court order in every case
C) Determined by an external authority
D) Prohibited for private individuals
  • 26. Who was mentioned as a potential mediator for Euodia and Syntyche in the Epistle to the Philippians?
A) Augustus
B) Epaphroditus
C) Justinian
D) Saint Paul
  • 27. Which civilization recognized mediation through terms like internuncius and conciliator?
A) The Kushites
B) Modern Anglo-Saxon
C) Ancient Greek
D) Roman
  • 28. What is one way mediation functions besides dispute resolution?
A) Legal prosecution
B) Judicial sentencing
C) Legislative drafting
D) Dispute prevention
  • 29. Which of these is a category of business mediation mentioned in the text?
A) Business-to-investor (B2I)
B) Business-to-public (B2P)
C) Business-to-government (B2G)
D) Business-to-employee (B2E)
  • 30. Which form of ADR has been most prominently used in Australian industrial relations historically?
A) Litigation
B) Mediation
C) Conciliation
D) Arbitration
  • 31. What did the 1996 Workplace Relations Act seek to move away from?
A) Decentralized systems
B) A collectivist approach
C) Enterprise level resolution
D) Individual bargaining
  • 32. Under the 1996 Workplace Relations Act, where was the responsibility for resolving disputes placed?
A) At the enterprise level
B) With the Commonwealth parliament
C) At the state level only
D) With the supreme court
  • 33. Which amendment introduced further mediation use in industrial relations in 2006?
A) Conciliation and Arbitration amendments
B) Collective Bargaining amendments
C) WorkChoices amendments
D) Union Power amendments
  • 34. Which of the following is listed as a benefit of mediation by the Australian government?
A) Higher litigation fees
B) Reduced control for disputants
C) Increased polarization
D) Cost saving
  • 35. According to the text, what effect does mediation have on polarization?
A) Reduced polarization
B) Increased polarization
C) It eliminates political parties
D) Polarization remains neutral
  • 36. Who usually assists with cases in community mediation programs?
A) Government-appointed judges
B) Paid litigation attorneys
C) Trained volunteer mediators
D) Police department negotiators
  • 37. When did experimental community mediation programs using volunteers begin?
A) Late 1990s
B) Mid 1980s
C) Early 1970s
D) Early 1950s
  • 38. In which US state can parties choose to make their mediation agreement enforceable in court?
A) Texas
B) New York
C) Florida
D) California
  • 39. What major legislation incorporated mediation into family law in Australia?
A) The Community Justice Statute
B) The Australian Judicial Code
C) The Mediation Reform Act 1990
D) Family Law Act 1975
  • 40. Who accredits the Family Dispute Resolution Practitioners in Australia?
A) Private legal firms
B) Supreme Court of Australia
C) Local community boards
D) Attorney-General's Department
  • 41. What type of practices are used to build and repair relationships in schools and juvenile justice?
A) Punitive measures
B) Legal prosecution
C) Restorative practices
D) Mandatory arbitration
  • 42. What strategy involves a community holding people accountable outside of the punitive system?
A) Judicial sentencing
B) Formal litigation
C) Community accountability
D) Public prosecution
  • 43. What is the name of the empirically validated peer mediation program mentioned in the text?
A) Student Conflict Resolution Initiative
B) Peer Peace Makers
C) School Harmony Project
D) Peace Pals
  • 44. How long was the study conducted on the Peace Pals program?
A) 5 years
B) 10 years
C) 1 year
D) 6 months
  • 45. By what percentage did conflict resolution programs increase in U.S. schools between 1991 and 1999?
A) 20%
B) 40%
C) 10%
D) 60%
  • 46. In what type of setting was the Peace Pals program studied?
A) A private boarding school
B) An urban high school
C) A diverse, suburban elementary school
D) A rural technical college
  • 47. What was the total number of students involved in the Peace Pals study?
A) 250
B) 450
C) 1000
D) 825
  • 48. What is the typical result of a business mediation?
A) A court order
B) A legislative act
C) A bilateral contract
D) A binding arbitration award
  • 49. Which of the following is a field of commercial mediation?
A) Ship-brokering
B) Family law
C) Criminal law
D) Constitutional law
  • 50. What are mediators generally prohibited from doing in the markets where they work?
A) Writing academic papers
B) Using public transport
C) Providing legal advice
D) Practicing commerce
  • 51. What are mediators restricted from doing regarding advice?
A) Managing the interaction
B) Facilitating communication
C) Offering prescriptive advice
D) Identifying issues
  • 52. What does a mediator pay attention to besides spoken words?
A) Non-verbal messages
B) The media coverage of the dispute
C) The background of the lawyers
D) The political affiliation of the parties
  • 53. Does the law strictly govern the methods a mediator uses?
A) Only in civil cases
B) Only in criminal cases
C) Yes, strictly
D) No
  • 54. What is an example of an external body that might need to ratify a mediated agreement?
A) A board
B) A private mediation client
C) A local neighborhood watch
D) A legal clerk
  • 55. Besides lawyers, who might review a mediated agreement?
A) Journalists
B) Accountants
C) Police officers
D) Real estate agents
  • 56. What is the status of a mediated settlement if court sanction is not obtained?
A) Legally binding regardless of contract law
B) The same status as any other agreement
C) Considered a suggestion rather than a contract
D) Void and unenforceable
  • 57. To whom may a mediator refer parties for post-mediation assistance?
A) Private investigators
B) Social workers
C) Politicians
D) Jury consultants
  • 58. What are mediators often provided with for debriefing sessions in community services?
A) Public recognition
B) Legal immunity
C) A promotion
D) Payment
  • 59. Which country advocates for a higher level of educational qualification for mediation practitioners?
A) United States
B) United Kingdom
C) Australia
D) Germany
  • 60. How many hours is the qualification required for Family Dispute Resolution Practitioners (FDRPs) in Australia?
A) Approximately 200 hours
B) Approximately 500 hours
C) Approximately 800 hours
D) Approximately 1000 hours
  • 61. What is the mandatory work placement requirement for Australian FDRPs?
A) 50 hours
B) 25 hours
C) 100 hours
D) 200 hours
  • 62. What will replace the NMAS in Australia in 2025?
A) The Georgetown Code
B) AMDRAS
C) The European Commission Standards
D) The Mediate BC Society Code
  • 63. Who sets codes of conduct for mediators in Canada?
A) The local mayor's office
B) The federal police
C) Individual mediators without oversight
D) Professional organizations
  • 64. How many professional organizations maintain codes of conduct for mediators in Ontario?
A) Five
B) Ten
C) Three
D) One
  • 65. Which society sets Standards of Conduct for Registered Roster Mediators in British Columbia?
A) The Ontario Association of Family Mediators
B) The Georgetown Ethics Commission
C) The European Commission
D) Mediate BC Society
  • 66. What is the nature of the Mediate BC Society?
A) A non-profit society
B) A private law firm
C) A for-profit corporation
D) A government agency
  • 67. The German Mediation Act applies to practitioners even if they use which term?
A) Prozessbegleitung (facilitation).
B) Arbitration.
C) Litigation.
D) Judgment.
  • 68. When did the National Mediator Accreditation System (NMAS) in Australia commence operation?
A) 1 January 2008.
B) 1 January 2012.
C) 1 September 2017.
D) 21 June 2016.
  • 69. Which of the following is an association that has agreed on quality standards for mediators in Germany?
A) UN Mediation Council.
B) BAFM.
C) NMAS.
D) AMDRAS.
  • 70. How are mediators typically assigned in community mediation programs?
A) The program director generally assigns them.
B) The parties are not allowed to use a mediator.
C) The government chooses the mediator randomly.
D) The parties involved must select the mediator by lottery.
  • 71. What happens in New South Wales if parties cannot agree on a mediator?
A) The parties must flip a coin to decide.
B) The mediation process is immediately terminated.
C) The registrar contacts a nominating entity.
D) The court assigns a judge to act as a mediator.
  • 72. Which organization might a registrar contact in New South Wales to find a mediator?
A) The Bar Association.
B) The local police department.
C) The international trade commission.
D) The municipal tax office.
  • 73. As of 2006, what was the status of mechanisms for objecting to a mediator's appointment?
A) Parties could appeal through the Supreme Court.
B) The process was managed by an online voting system.
C) Formal mechanisms had not been established.
D) Formal mechanisms were clearly defined by law.
  • 74. Which of the following is listed as a personal attribute for a mediator?
A) Empathy.
B) Technical coding skills.
C) Strictness.
D) Legal authority.
  • 75. What is the primary protection for mediators against legal liability?
A) The absence of written contracts
B) Professional insurance
C) Government immunity
D) Proper training
  • 76. How common is follow-on court action against mediators?
A) Quite uncommon
B) Prohibited by international law
C) Standard procedure in all disputes
D) Extremely frequent
  • 77. What must a party show to win damages in a liability claim under Contract law?
A) Intentional malice
B) Actual causation
C) Financial insolvency of the mediator
D) A signed waiver
  • 78. What is the most common reason for liability in Tort for a mediator?
A) Breach of contract
B) Negligence
C) Conflict of interest
D) Misrepresentation
  • 79. Which case established a precedent for mediator liability in Australia?
A) The Estate Settlement Dispute
B) Savills v The Institute
C) Tapoohi v Lewenberg
D) The UK Mediation Case of 2006
  • 80. What type of damage awards are generally given in mediator liability cases?
A) Criminal fines
B) Punitive
C) Arbitration awards
D) Compensatory
  • 81. How did one sister participate in the mediation in the Tapoohi v Lewenberg case?
A) Through a recorded video submission
B) By mail correspondence
C) Via telephone
D) By sending a proxy without lawyers
  • 82. What protection might mediators outside the court system lack?
A) Professional training
B) Liability insurance
C) Access to office space
D) Legal protections for confidentiality
  • 83. What is a common consideration for professional mediators regarding risk?
A) Court-mandated salary caps
B) Liability insurance
C) Mandatory arbitration
D) Bar association membership
  • 84. What type of mediation is legally allowed in Germany?
A) Blended
B) Transformative
C) Evaluative
D) Purely facilitative
  • 85. What requirement must be met for a 'blended' approach in Australia?
A) An attorney present for each side
B) Written consent from participants
C) A court order
D) Government certification
  • 86. What do facilitative mediators act as guardians of?
A) The process
B) The legal outcome
C) The trial schedule
D) The parties' financial assets
  • 87. What is a focus of the transformative mediator's microfocus?
A) Evaluating evidence
B) Communication
C) Setting the agenda
D) Financial outcomes
  • 88. According to narrative mediation, what is the 'problem'?
A) The legal system
B) The mediator
C) The problem itself
D) The person involved
  • 89. In which type of matters is mediation/arbitration considered more appropriate?
A) Criminal homicide cases
B) Civil matters
C) International treaty negotiations
D) High-stakes constitutional disputes
  • 90. Which historical event led to the expansion and thriving of online mediation?
A) A major change in international law
B) The global pandemic
C) The decline of the legal profession
D) The invention of the internet
  • 91. What motivates a biased mediator?
A) Reaching the fastest conclusion
B) Protecting their party's interest
C) Adhering to strict court rules
D) Neutrality at all costs
  • 92. Which quality is associated with mediation compared to adversarial processes?
A) Informality
B) Public record keeping
C) Rigid structure
D) Mandatory legal representation
  • 93. What is a core focus of mediation regarding time?
A) The patterns of childhood beliefs
B) Future goals
C) Detailed analysis of the past
D) The origins of past behaviors
  • 94. What is a key requirement for the mediator's stance?
A) Advocacy
B) Supportiveness
C) Intention to influence
D) Neutrality
  • 95. What is the primary focus of early neutral evaluation (ENE)?
A) Binding legal precedents
B) Jury selection
C) Formal court procedures
D) Market interships
  • 96. Who makes the ultimate decision in binding arbitration?
A) The arbiter
B) The parties involved
C) A jury
D) The court
  • 97. In litigation, who imposes their thoughts on the parties?
A) The mediators
B) The opposing parties
C) The courts
D) The arbitrators
  • 98. Who has the responsibility to inform parties about confidentiality in mediation?
A) The court clerk
B) The judge
C) The opposing party
D) The mediator
  • 99. Which of the following is considered a core principle of mediation?
A) Punitive sentencing
B) Adjudication by a judge
C) Non-adversarialism
D) Strict adherence to legal rules
  • 100. According to the text, what is a definitive feature of mediation in the US and UK?
A) Client-directed solutions.
B) Reliance on punitive measures.
C) Imposed legal settlements.
D) Mandatory jury involvement.
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