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How to mediate a conflict
Contributed by: Sadler
  • 1. What is the primary goal of mediation?
A) To determine who is right or wrong
B) To delay legal proceedings
C) To impose a solution on the parties
D) To facilitate a mutually agreeable solution
  • 2. What is a crucial first step in the mediation process?
A) Taking sides with one party
B) Establishing ground rules
C) Ignoring power imbalances
D) Immediately proposing solutions
  • 3. Active listening primarily involves:
A) Formulating your response while the speaker is talking
B) Ignoring nonverbal cues
C) Interjecting frequently with advice
D) Paying close attention and providing feedback
  • 4. What does 'caucus' refer to in mediation?
A) A joint session with all parties present
B) A social gathering before mediation
C) Private meetings with each party
D) A formal legal hearing
  • 5. Maintaining neutrality means:
A) Having no opinion on the matter
B) Agreeing with both sides equally
C) Remaining impartial and unbiased
D) Avoiding any expression of opinion
  • 6. Reframing statements helps by:
A) Placing blame on one party
B) Dismissing concerns as unimportant
C) Presenting issues in a more positive light
D) Ignoring the emotional component
  • 7. What is the purpose of reality testing?
A) Determining who is lying
B) Ignoring potential consequences
C) Forcing parties to accept responsibility
D) Assessing the feasibility of proposed solutions
  • 8. Brainstorming in mediation is used to:
A) Generate a wide range of possible solutions
B) Criticize each other's ideas
C) Force a compromise
D) Immediately eliminate unrealistic options
  • 9. A BATNA refers to:
A) Best Alternative To a Negotiated Agreement
B) Basic Agreement To Negotiations Attempts
C) Bargaining Against Total Non-Agreement
D) Bad Alternative To a Negotiated Agreement
  • 10. Why is confidentiality important in mediation?
A) To encourage open and honest communication
B) To protect the mediator from liability
C) To prevent any record of the dispute
D) To hide information from the other party
  • 11. What should a mediator do if there's a significant power imbalance?
A) Address the imbalance to ensure fair negotiation
B) Force the stronger party to concede
C) Ignore it to remain neutral
D) Side with the weaker party
  • 12. What is the role of empathy in mediation?
A) Avoiding any display of emotion
B) Taking sides based on emotional appeal
C) Ignoring the emotional impact of the dispute
D) Understanding each party's perspective and feelings
  • 13. What is a sign that mediation is failing?
A) Parties express disagreement with each other
B) Parties are emotional and passionate
C) Parties take breaks frequently
D) Parties are unwilling to compromise or negotiate in good faith
  • 14. A successful mediation outcome relies on:
A) A judge's intervention
B) Voluntary agreement by all parties
C) Forcing the parties to agree to a compromise
D) The mediator's strong persuasion skills
  • 15. What does 'positional bargaining' involve?
A) Focusing on stated demands rather than underlying needs
B) Prioritizing the other party's needs
C) Collaboratively exploring mutual interests
D) Compromising quickly to reach a resolution
  • 16. How can a mediator help parties identify their interests?
A) Focusing solely on their stated positions
B) Ignoring the emotional component of the conflict
C) Asking open-ended questions to explore underlying motivations
D) Telling them what their interests should be
  • 17. What is a common challenge in mediation?
A) Parties being too willing to compromise
B) Managing strong emotions
C) The mediator having too much control
D) Lack of information about the dispute
  • 18. When should a mediator consider terminating the mediation?
A) When the parties disagree strongly
B) When the mediation takes longer than expected
C) When parties are unwilling to participate in good faith
D) When the mediator feels frustrated
  • 19. What should be included in a written mediation agreement?
A) The mediator's personal opinions
B) An admission of guilt by either party
C) Specific terms of the settlement
D) A summary of the mediation process
  • 20. What is the difference between mediation and arbitration?
A) Mediation is binding; arbitration is facilitative
B) Mediation is facilitative; arbitration is binding
C) Mediation involves a judge; arbitration involves a mediator
D) There is no difference between them
  • 21. What is a good technique to manage angry parties?
A) Acknowledge their emotions and provide a safe space to express them
B) Ignore their emotions and focus on the facts
C) Argue with them to prove them wrong
D) Tell them to calm down immediately
  • 22. How can a mediator help overcome an impasse?
A) Suggesting new options or reframing the issues
B) Giving up and ending the mediation
C) Forcing the parties to accept a compromise
D) Taking sides with one party
  • 23. What is the significance of 'ground rules'?
A) Eliminating any opportunity for emotional expression
B) Making sure the mediator has absolute power
C) Establishing a structured and respectful communication environment
D) Controlling what parties are allowed to say
  • 24. Why is it important to identify the interests of each party?
A) To satisfy the mediator's curiosity
B) To uncover the underlying needs and motivations driving their positions
C) Because positions are irrelevant in the mediation process
D) To create more conflict between the parties
  • 25. What is the purpose of summarization in mediation?
A) To offer solutions immediately
B) To change the subject
C) To ensure understanding and clarify key points
D) To interrupt the speaker
  • 26. What is the best way to start a mediation session?
A) By sharing personal experiences
B) With an opening statement outlining the process and ground rules
C) By assigning blame
D) By immediately asking parties to state their demands
  • 27. Which of the following is an example of a leading question?
A) "You agree that this is unfair, right?"
B) "Can you tell me more about that?"
C) "What are your concerns?"
D) "How did you feel about that?"
  • 28. What is the purpose of generating options?
A) To limit the scope of the discussion
B) To create additional conflict
C) To show the parties who is right and wrong
D) To create possibilities for resolution that meet both parties' interests
  • 29. When does the mediator's role typically end?
A) When a mutually agreeable settlement is reached and documented, or when mediation is terminated
B) As soon as the parties start disagreeing
C) After the first session
D) When the mediator feels tired
  • 30. What should a mediator do if one party is consistently interrupting the other?
A) Take sides and support the interrupted party
B) Ignore the behavior and hope it stops
C) Join in the interruption
D) Remind both parties of the ground rules and re-establish expectations for respectful communication
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