CCM Legal and Ethical Considerations in Conflict Management 2 — Questions and Answers
Question 1: A conflict manager discovers that one party has withheld material information during mediation. What is the most ethically appropriate response?
- Continue mediation as the information may be irrelevant
- Immediately disclose the information to the other party without consent
- Address the issue privately with the withholding party and consider suspending mediation (Correct answer)
- Report the party to the relevant licensing board
Correct answer: Address the issue privately with the withholding party and consider suspending mediation
The mediator should address the deception privately and may need to suspend mediation if the integrity of the process is compromised.
Question 2: Under the Americans with Disabilities Act (ADA), a conflict manager conducting workplace mediation must:
- Provide reasonable accommodations to participants with disabilities (Correct answer)
- Refer disabled participants to specialized mediators only
- Limit mediation sessions to avoid fatigue-related disability claims
- Document any disability as part of the conflict record
Correct answer: Provide reasonable accommodations to participants with disabilities
The ADA requires reasonable accommodations so that individuals with disabilities can meaningfully participate in workplace dispute resolution.
Question 3: Which ethical principle requires a conflict manager to avoid relationships or interests that could impair their impartiality?
- Informed consent
- Self-determination
- Avoidance of conflicts of interest (Correct answer)
- Competence
Correct answer: Avoidance of conflicts of interest
Avoidance of conflicts of interest requires practitioners to disclose and manage relationships or financial interests that could compromise neutrality.
Question 4: A mediator who fails to disclose a prior professional relationship with one party before starting mediation has likely violated which standard?
- Confidentiality
- Impartiality through non-disclosure (Correct answer)
- The duty of self-determination
- Procedural fairness only
Correct answer: Impartiality through non-disclosure
Non-disclosure of a prior relationship undermines impartiality and violates the mediator's ethical duty to reveal potential conflicts before proceeding.
Question 5: Which federal law governs confidentiality in court-annexed mediation programs at the federal level in the United States?
- The Uniform Mediation Act
- The Administrative Dispute Resolution Act of 1996 (Correct answer)
- The Federal Arbitration Act
- Title VII of the Civil Rights Act
Correct answer: The Administrative Dispute Resolution Act of 1996
The Administrative Dispute Resolution Act of 1996 establishes confidentiality protections for federal agency dispute resolution proceedings.
Question 6: When a mediator suspects ongoing child abuse based on information shared in a confidential session, the mediator's primary obligation is to:
- Maintain full confidentiality as it was disclosed in mediation
- Report the suspected abuse as required by mandatory reporting laws (Correct answer)
- Consult a colleague before deciding whether to report
- Terminate the mediation and take no further action
Correct answer: Report the suspected abuse as required by mandatory reporting laws
Mandatory reporting laws override mediation confidentiality protections when there is a reasonable suspicion of ongoing child abuse.
Question 7: The ethical concept of 'self-determination' in conflict management means:
- The mediator determines the best outcome for the parties
- Parties retain the right to make their own informed decisions throughout the process (Correct answer)
- The stronger party can set the terms of negotiation
- Mediators determine which issues are appropriate for discussion
Correct answer: Parties retain the right to make their own informed decisions throughout the process
Self-determination holds that parties, not the mediator, have the ultimate authority to decide whether and how to resolve their dispute.
CCM Legal and Ethical Considerations in Conflict Management 2
A conflict manager discovers that one party has withheld material information during mediation.
What is the most ethically appropriate response?