CCM Mediation Process & Skills Flashcards

What is the primary purpose of an opening statement made by each party at the start of mediation?

Answer: To allow each party to share their perspective and feel heard before negotiation begins

Opening statements give each party an uninterrupted opportunity to articulate their view of the dispute and needs, setting the stage for interest-based dialogue.

Which of the following is a hallmark of evaluative mediation?

Answer: The mediator provides assessments of each party's legal position and likely court outcomes

Evaluative mediators assess the strengths and weaknesses of each party's case and may reality-test positions by sharing likely litigation outcomes to encourage settlement.

Transformative mediation is most focused on:

Answer: Strengthening parties' capacity for self-determination and recognition of each other

Transformative mediation prioritizes empowering parties (empowerment) and fostering mutual acknowledgment (recognition) over settlement as the primary goal.

Mediator impartiality requires that the mediator:

Answer: Avoid favoring either party and disclose any conflicts of interest

Impartiality means the mediator treats all parties without favoritism and proactively discloses any relationships or interests that could compromise neutrality.

When parties in mediation reach an impasse, which of the following is an appropriate mediator intervention?

Answer: Using hypothetical questions or shifting to a caucus to explore underlying interests

Hypothetical questions ('What if X were possible—would that address your concern?') and private caucuses help uncover hidden interests and break deadlocks without imposing outcomes.

Confidentiality in mediation generally means:

Answer: Statements made during mediation cannot be used as evidence in subsequent legal proceedings

Mediation confidentiality (protected by statutes like the Uniform Mediation Act) encourages candor by ensuring that party disclosures cannot be used against them in court.