Mediation – What It Is and What It Is Not Self-Quiz










Franklin and Benjamin are embroiled in a bitter battle over who owns the rights to “Franklin’s Butter Barn,” a local creamery. There is a lawsuit pending, but the clogged local court system will not permit a judge to hear their case for some time. They are thinking about alternatives which will allow a disinterested party to make a fair and impartial determination of who owns what. Which of the following accurately lists the alternatives which will meet this goal?
Choice 1 Mediation
Choice 2 Negotiation
Choice 3 Both mediation and negotiation
Choice 4 Neither mediation nor negotiation
Which of the following is an activity in which mediators do NOT engage?
Choice 1 Steering discussion toward relevant issues
Choice 2 Restricting parties to certain negotiated solutions
Choice 3 Assisting in the drafting of a negotiation agreement
Choice 4 Facilitating communication
Alex and Brian are opposing parties who must attempt mediation before the court will hear their case. During the mediation sessions, the bickering is so constant that the mediator would like nothing more than to ask the parties to cease discussion. True or false: Because the mediator thinks she has heard enough to make her decision, she can properly instruct the parties to end their heated “discussion.”

Choice 1 TRUE. If no new facts or suggestions are provided by either party after a reasonable amount of time and the mediator has enough to come to a decision, no further discussion is required.
Choice 2 FALSE: The mediator’s purpose here is improper.


Mediation is a process which:
Choice 1 Is always voluntary
Choice 2 Might be mandated by a court
Choice 3 Is always mandated by a court
Choice 4 None of the above
The guidelines which mediators must follow are:
Choice 1 Statutory in each state
Choice 2 Established by the FMA (Federal Mediation Act)
Choice 3 Mandatory, and mediators who violate the guidelines risk losing their license.
Choice 4 There are no formal guidelines.
After a settlement agreement is signed as a result of mediation, one party decides not to keep the promises made in that contract. The other party could:
Choice 1 Contact the mediator and seek recourse.
Choice 2 Use “self-help” to compel the breaching party to perform.
Choice 3 File a court claim.
Choice 4 Re-open the mediation.
Mediation is always the preferred means of dispute resolution.

Choice 1 TRUE, because it is cheap, easy, and flexible.
Choice 2 FALSE, because it is just one possible alternative to litigation, which itself might sometimes be the preferable route.


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