Mediation & ADR Techniques Flashcards
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Read the first 7 Mediation & ADR Techniques flashcards as text
In a caucus during mediation, the mediator meets privately with one party. What is the PRIMARY purpose of this technique?
Answer: To explore sensitive interests and reality-test positions away from the other side
Caucuses let mediators probe underlying interests and test the realism of positions without triggering defensive reactions from the opposing party.
Which ADR method gives parties the MOST control over the final outcome?
Answer: Mediation
In mediation the parties themselves craft and agree to any settlement, whereas arbitration and litigation produce decisions imposed by a third party.
A 'med-arb' clause in a contract means that if mediation fails, the dispute will be:
Answer: Decided by the same or a different neutral acting as arbitrator
Med-arb is a hybrid process where an unresolved mediation transitions to arbitration, sometimes before the same neutral.
Under the Uniform Mediation Act, mediation communications are generally:
Answer: Privileged and protected from disclosure in court
The Uniform Mediation Act creates a mediation privilege that shields communications from later court use to encourage candid settlement discussions.
In interest-based mediation, the mediator focuses the parties on:
Answer: Underlying needs and motivations rather than stated positions
Interest-based mediation uncovers why parties want what they want, opening creative options that positional bargaining closes off.
A 'neutral evaluation' session in ADR is best described as:
Answer: An early case assessment where a neutral gives a non-binding opinion on merits
Early neutral evaluation provides parties with an independent, non-binding assessment of case strength to calibrate settlement expectations.
When a mediator offers a 'mediator's proposal,' they typically:
Answer: Suggest a specific settlement figure and ask each party privately if they accept
A mediator's proposal is a confidential, non-binding suggestion where each party independently signals acceptance or rejection, preventing either from feeling pressured by the other's response.