Mediation Structure Self-Quiz








The structure of mediation:
Choice 1 Has been well established over the years and is now quite uniform.
Choice 2 Depends on state law, and each state dictates the structure of mediations involving its residents.
Choice 3 Is based on federal law, but is flexible enough to allow for different styles.
Choice 4 Is willy-nilly
Courts order mediation:

Choice 1 Only for small cases.
Choice 2 Only for major cases.
Choice 3 For all kinds of cases, big and small.
Choice 4 Courts are never permitted to order mediation, due to its non-binding nature.
Usually, one uses the term “mediation agreement” in order to indicate which of the following:
Choice 1 An agreement made between parties to enter into non-binding mediation.
Choice 2 An agreement made between parties to be bound by the results of the mediation.
Choice 3 An agreement between parties which results from mediation.
Choice 4 None of the above.
Fred Aye’s Stairs Company manufactures metal stairs which fit into tight spaces. The units are always custom-made, and are quite costly. Because Fred prefers to spend his time designing stairs and hates wasting time in court, he includes the following clause in every Purchase Agreement which customers must sign when tendering the 75% down-payment:
“Buyer and seller agree that any disputes between them will go to mediation before they can try to sue each other. (Fred also prefers to spend his money on fancy shoes rather than pay lawyers to write his contracts!)”
Will a court enforce this agreement if a customer tries to sue Fred without attempting to mediate first?
Choice 1 YES, because mediation agreements are generally enforceable.
Choice 2 YES, because a seller is free to set any terms he likes, and all such terms are enforceable.
Choice 3 NO, because the clause was not drafted by an attorney and is therefore strictly construed against the drafting party.
Choice 4 NO, because the clause was poorly drafted and does not make clear the parties’ rights and obligations.
Fred’s son, George Aye takes after his father. He likes fast cars, fancy shoes, and believes himself to be smarter than any lawyer he’s ever met. Just like his father, George owns his own business. As a child he loved honey so much that he decided to open his own honey bee farm. He even came up with the name for his farm all on his own: Aye’s Bees. George has a head for “bzz”ness, and his farm has grown to hundreds of acres employing dozens of workers. He provides honey for many retailers in the area, who sell it under their own names. For years he has been using the same Customer Agreement which he drafted with his very own hands during his first few months of operation. Learning from his father about the efficiency of mediation, he includes his own version of a mediation clause:
"Purchaser hereby acknowledges and recognizes that in the event of any dispute, claim, or cause of action arising out of, or in connection with, Purchaser’s dealings, association, or relationship with Seller, the parties shall have the right to mediate said dispute, claim or cause of action prior to seeking redress in a court of law."
George was quite proud of himself when he first came up with the language, and has not seen the need to change his contract over the years. When a large retailer suddenly files suit against George claiming that George had been feeding steroids to his bees to increase production, and that the steroids caused a recent shipment of honey to turn to liquid and permanently turn the inside of the truck sticky, George points to the mediation clause. The court, however, doesn’t see it George’s way, and permits the lawsuit to continue in court. Why?
Choice 1 The clause left out the words “transaction” and “purchase,” which made it inapplicable to the particular transaction/purchase which gave rise to the claim.
Choice 2 As a matter of public policy, parties cannot contact away the right to bring a case to court when that case involves food or other products which may be damaging to the public.
Choice 3 Because the claim involved the use of illegal drugs, it is brought under the jurisdiction of federal law.
Choice 4 This is not a clause which requires the parties to seek mediation prior to suing.
Before a mediation session can begin, a mediator must be selected. Because of the important role that mediators play in resolving legal battles, all mediators must be:
Choice 1 Attorneys licensed to practice in that state.
Choice 2 Attorneys licensed to practice in any state.
Choice 3 Attorneys licensed to practice in any state, or retired judges.
Choice 4 Living, breathing, human beings.
Which of the following is NOT a way in which a mediator might be selected?
Choice 1 By the court clerk for the judge who ordered the mediation.
Choice 2 By the aggrieved party.
Choice 3 By the defending party.
Choice 4 All of these are acceptable.
Once the mediator is chose, mediation sessions do not always begin right away. Which of the following would NOT be appropriate during the time between selection of the mediator and the first session?
Choice 1 An ex parte discussion between the mediator and one party.
Choice 2 One party submits documents to the mediator hoping she will therefore help steer discussion in a direction most favorable to that party.
Choice 3 Requesting a pre-mediation joint session.
Choice 4 All of these would be permissible.
True or false: Mediation usually ends when the parties and mediator admit a deadlock or when the parties reach a settlement agreement.
Choice 1 TRUE
Choice 2 FALSE
Once the parties reach an agreement during mediation their process is at an end.

Choice 1 TRUE, as the mediation is now complete.
Choice 2 FALSE, as the agreement will need to be formalized and a settlement agreement drafted and signed.


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