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Workshop UMC - Mediation Process

Total questions: 20

Worksheet time: 3mins

Name
Class
Date
1.

Which of the following are non-adjudicative processes?

a)

Litigation, Arbitration

b)

Litigation, Negotiation

c)

Arbitration, Mediation

d)

Negotiation, Mediation

2.

Which of the following are alternative dispute resolution (ADR)?

a)

Litigation, Arbitration

b)

Litigation, Mediation

c)

Arbitration, Mediation, Arb-Med-Arb

d)

Litigation, Negotiation

3.

Which of the following is not an example of information asymmetry?

a)

Chess

b)

Health insurance

c)

Financial markets

d)

Used car sales

4.

How many General Information (GI(s)) are there in a mediation moot session?

a)

One

b)

Two

c)

Three

d)

It depends on the number of negotiating parties

5.

How many Confidential Information (CI(s)) are there in a mediation moot session?

a)

One

b)

Two

c)

Three

d)

It depends on the number of negotiating parties

6.

Which of the following statements is false?

a)

Counsel may deal with technicalities

b)

Client should deal with technicalities

c)

Counsel may have the authority to settle

d)

Client may deal with facts

7.

At the beginning of a mediation sesstion, who should speak first?

a)

Mediator

b)

Requesting Party

c)

Responding Party

d)

Client

8.

Which of the following is not a principle of mediation?

a)

Voluntariness

b)

Confidentiality

c)

Without prejudice

d)

Winner takes it all

9.

Which of the following is not a role of mediator?

a)

Assisting the parties to reach an acceptable solution

b)

Delivering judgments

c)

Controlling the mediation process

d)

Suggesting settlement proposals

10.

Which of the following is not a ground rule in mediation sessions?

a)

Speaking honestly and respectfully

b)

Listening to each other

c)

Holding comments or questions until the other person has finished talking

d)

Sharing your confidential information

11.

Which of the following is not a role of counsel?

a)

Dealing with technicalities

b)

Acting in an advisory capacity

c)

Making final decisions

d)

Gathering information

12.

Who should introduce whom?

a)

Mediator should introduce clients

b)

Counsel should introduce client

c)

Client should introduce counsel

d)

Mediator should introduce counsels

13.

Which of the following is not a good agenda?

a)

Money

b)

Professional responsibility

c)

Compensation

d)

Quality of goods

14.

Which of the following is not a reframing technique?

a)

Shifting from passive to active

b)

Shifting from active to passive

c)

Shifting from past to future

d)

Shifting from future to past

15.

Which of the following is not a function of private sessions?

a)

Overcoming impasse

b)

Obtaining sensitive information

c)

Reality testing

d)

Checking attendance

16.

How many types of confidentiality exist in a mediation session?

a)

One

b)

Two

c)

Three

d)

Four

17.

When should the mediator not explain the principle of confidentiality?

a)

At the beginning of a mediation session

b)

Right before a private session

c)

At the begining of a private session

d)

Right before setting agenda

18.

What is not a possible mediation outcome?

a)

No agreement

b)

Partial settlement agreement

c)

Settlement agreement

d)

Mediation agreement

19.

Who should draft settlement agreements?

a)

Mediator

b)

Client

c)

Counsel

d)

Secretary

20.

When should the mediator design more controlled mediation processes?

a)

Corporate disputes

b)

Medical disputes

c)

Disputes between businessmen who have similar social status

d)

Disputes between wealthy people who have their own counsel