Mediation 101

When can you request the mediator to caucus?

• Phase 1

• Phase 2

• Phase 3

• All of the above

If there is violence and/or a significant power imbalance between the parties, is your case subject to mandatory mediation?

• Yes

• No

• It depends

• I don't know

Which type of mediation is ideal where a continuing relationship between the parties is desired?

• Evaluative

• Facilitative

• Rights-Based

• Interest-Based

At which phase of the mediation process does each party gain a better understanding of each other’s preferred outcome?

• The Opening

• Phase 1

• Phase 2

• Phase 3

True/False: A possible outcome for settlement in mediation can be as simple as an apology.

• True

• False

True/False: The mediator can share anything you say in caucus with the other party.

• True

• False

Trust/False: A lawyer does not need to plan or prepare their client for caucusing.

• True

• False

Which of the following are NOT a party to a typical mediation:

• The client/party

• The client's family or friend

• Time keeper

• Mediator

Which of the following rules discusses mandatory mediation.

• Rules of Professional Conduct, Rule 3.2-4

• Rules of Professional Conduct, Rule 24.1.01

• Rules of Civil Procedure, Rule 3.2-4

• Rules of Civil Procedure, Rule 24.1.01

Which of the following is not included in Rule 24.1 as cases that are NOT subject to mandatory mediation

• Securities Act actions

• Class Proceedings Act actions

• Bankruptcy and Insolvency Act actions

• Insurance Act actions