Hypothetical Mediation Scenario Self-Quiz

 

 

 

 

 

 

 

Note: The Interactions for this subchapter are based on the “facts” and events from the hypothetical in the Courseware.
When parties “stipulate” some fact they:
Choice 1 Affix it to some other fact (the word stipulate has the same root as “staple”), such that it is understood that these facts must both be true, or must both be false.
Choice 2 Agree to the truth of the statement.
Choice 3 Object to the use of the fact.
Choice 4 Formally question its relevance to the issue.

As discussed in the mediation materials, parties may voluntarily choose to mediate a cause of action rather than pursue litigation. In order to begin mediation, the initiating party must:
Choice 1 File with the court and serve process on the opposing party.
Choice 2 Give notice, via certified mail, to the opposing party and allow a minimum of 10 days for a response, in accordance with FRCP 68.
Choice 3 Either A or B
Choice 4 Neither A nor B
True or false: It is impermissible, as against public policy, to use mediation as a negotiation chip and threaten to refuse mediation unless certain conditions are agreed to.

Choice 1 TRUE, because while there are no state or federal laws governing mediation at large, the mediation process itself is one which furthers the public interest, and courts have the power to sanction parties who manipulate the process in order to compel opposing parties to make concessions.
Choice 2FALSE, because parties are free to refuse mediation (when not court ordered or otherwise mandated) and are therefore free to agree to mediation only under the circumstances of their choosing.

 

Before mediation begins, the parties must:
Choice 1 Enter into a formal, written mediation agreement.
Choice 2 File with the court an “Intent to Mediate’ form, even if the case was not yet filed with the court.
Choice 3 Procure the services of a mediator.
Choice 4 Place funds in escrow which are adequate to pay the mediation fees.
Mediators are:
Choice 1 Never allowed to offer ideas which the parties would not otherwise consider.
Choice 2 Encouraged to offer ideas which the parties would not otherwise consider.
Choice 3 Always allowed to reject ideas offered by the parties as unfavorable to one party.
Choice 4 Sometimes allowed to act in the interest of the weaker party to the mediation.
True or false: Mediation is a one day, one shot process. If there is no agreement reached during the mediation proceedings that day, the parties have no choice but to go to trial.

Choice 1 TRUE, as mediation would otherwise lose its advantage of speed and efficiency,
Choice 2 FALSE, as mediation can sometimes drag on for years.

 

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