Advantages and Disadvantages of Mediation Self-Quiz

 

 

 

 

 

 

 

 

 

“Equitable relief “ is a term which:
Choice 1 Is used in cases involving horses.
 Choice 2 Refers to the period between mediation sessions during which parties may consult their legal teams.
 Choice 3 Is an archaic phrase for what we now call mediation.
 Choice 4 None of the above.
Compared to a trial, mediation is usually:
Choice 1 Quicker
 Choice 2 Cheaper
 Choice 3 More flexible
 Choice 4 All of the above
The best way to collect information from your opposing party in mediation would be to:
Choice 1 Use your own disclosure of information as a bargaining chip and rely on your opponent’s good faith.
 Choice 2 Wait until the mediation session has started and, if the information has still not been disclosed, ask the mediator to require disclosure as a requirement of continuing.
 Choice 3 File an interlocutory appeal with the court which mandated mediation to enforce the rules of discovery.
 Choice 4 There is no exchange of information during mediation.
Suzie Lightening is a dancer whose name is her main form of advertising. Recently, she discovers that a song makes frequent use of her name in the lyrics, and is in fact called “Suzie Lightening.” As it stands, one cannot copyright a name or a title. Seeking to change this she files a suit against the artist’s estate (the artist has passed away). Suzie wants to (A) stop this song from being played or sold, (B) receive monetaryy damages for harm already done to her reputation, and (C) establish the ability to copyright her name and prevent others from using it in the future. Which of these can NOT be achieved if she settles the case through mediation.
Choice 1 A
 Choice 2 B
 Choice 3 C
 Choice 4 All of these goals will be met if she strikes the right deal due to mediation.
In which of the following situations is mediation least appropriate?
Choice 1 A slip and fall case where the defendant has admitted liability in negotiations but the parties cannot agree on a measure of damages.
 Choice 2 A bitter battle between brothers who refuse to budge, or even talk to each other, and who have instructed their lawyers to act similarly.
 Choice 3 A dispute between two neighbors regarding the joint use of a private road giving them access to the street.
 Choice 4 A complex litigation involving numerous plaintiffs and defendants.

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