Legal and Ethical Considerations in Conflict Management Flashcards
7 cards from real CCM practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Legal and Ethical Considerations in Conflict Management flashcards as text
A neutrality agreement signed before mediation typically does NOT protect disclosures made:
Answer: During the commission of a future crime
Confidentiality provisions do not extend to communications that involve the planning or commission of future crimes or fraud.
Under Title VII of the Civil Rights Act, workplace conflict managers must be aware that retaliation against an employee for filing an EEOC complaint is:
Answer: A separate and independently actionable legal violation
Title VII's anti-retaliation provision is independent of the underlying discrimination claim, meaning retaliation itself is a distinct unlawful employment practice.
An arbitrator who imposes a binding decision on parties without their prior consent to arbitration most likely violates which principle?
Answer: Voluntary participation
Binding arbitration requires prior informed consent from all parties; imposing it without consent violates the voluntariness principle of ADR.
The Uniform Mediation Act (UMA) provides mediator privilege primarily to:
Answer: Protect mediators from being compelled to testify about mediation communications
The UMA's mediator privilege shields mediators from being compelled to disclose what was said during mediation in subsequent legal proceedings.
Which of the following scenarios best illustrates a 'dual role' ethical conflict for a conflict manager?
Answer: A mediator who also provides legal advice to one party during the same dispute
Serving as both mediator and legal adviser to one party in the same dispute creates an impermissible dual role that compromises neutrality.
In employment conflict resolution, the doctrine of 'at-will employment' is most relevant to disputes involving:
Answer: Terminations without a stated cause in non-contract situations
At-will employment allows employers to terminate employees without cause, unless a protected class, contract, or public policy exception applies.
A conflict manager's ethical duty of 'competence' requires that the practitioner:
Answer: Only accept cases in areas where they have sufficient knowledge and skill
Competence requires practitioners to assess whether they have the necessary skills and knowledge before accepting a particular type of case.