The Clergy Cases & Meddlesome Mediators Self-Quiz

 

 

 

 

 

 

 

 

 

Bona fide, as used in law, means:
Choice 1 Good faith
 Choice 2 Genuine
 Choice 3 Well-founded
 Choice 4 Factual basis
The ABA (American Bar Association) has promulgated model rules which apply to:
Choice 1 Judges, attorneys and paralegals
 Choice 2 Judges and attorneys
 Choice 3 Judges and paralegals
 Choice 4 Attorneys and paralegals
A “Settlement judge” is:
Choice 1 A judge whose primary role is to determine which cases should be sent for mandatory mediation and which may proceed directly to trial.
 Choice 2 A judge who, after hearing evidence, orders parties to a case to settle.
 Choice 3 A judge who is appointed to act as a mediator in a case.
 Choice 4 None of the above.
True or false: Only the plaintiff(s) and defendant(s) may play an active role in court-ordered mediation.
Choice 1 TRUE, as permitting other parties to play a role would defeat the purpose of conducting quick and simple mediation proceedings.
 Choice 2 FALSE, as any party with a bona fide interest may play a role.
When a mediator acts in a way which renders her less an impartial facilitator than an advocate for one side or a decision-maker, the results of the mediation:
Choice 1 May be appealed and overturned.
 Choice 2 May be appealed only if the mediation was court-ordered.
 Choice 3 May be appealed only if the parties do not come to an agreement.
 Choice 4 Must stand, and cannot be appealed, as a matter of public policy, favoring the mediation process over trials.
If a party participates in mediation in bad faith, the result might be reversed or a default judgment may be entered against that party.

Choice 1 TRUE, because it is important to protect the integrity of the mediation process.
 Choice 2 FALSE, because negotiation tactics differ among parties and one person’s “bad faith” is another person’s “tough bargaining.”

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