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