MCB ICM Round 1

Mediation is a process which:

•   Is always voluntary.

    

• is forced by the other party

   

•  Is always mandated by a court.

• None of the above.

The guidelines which mediators must follow are:

•   Statutory in each state.

   

•  Established by the FMA (Federal Mediation Act).

    

• Mandatory, and mediators who violate the guidelines risk losing their license.

    

• There are no formal guidelines.

After a settlement agreement is signed as a result of mediation, one party decides not to keep the promises made in that contract. The other party could:

  

• Contact the mediator and seek recourse.

   

•  Use "self-help" to compel the breaching party to perform.

•   File a court claim.

    

• Re-open the mediation.

What is the role of a mediator in a dispute resolution process?

•   To impose a decision on the parties involved.

•   To facilitate communication and negotiation between the parties.

•  To represent one party's interests over the other.

• To provide legal advice to the parties.

What is the primary goal of mediation?

•   To prolong the dispute.

•   To escalate the conflict.

•  To reach a mutually acceptable agreement.

• To involve the court in the resolution process.

What is the significance of confidentiality in mediation?

•   Confidentiality is not important in mediation.

•   Confidentiality only applies to certain types of disputes.

•  Confidentiality promotes open and honest communication between the parties.

• Confidentiality is only required if the mediator deems it necessary.

True or False?: "Mediation is always the preferred means of dispute resolution"

 

•  TRUE, because it is cheap, easy, and flexible.

    

• FALSE, because it is just one possible alternative to litigation, which itself might sometimes be the preferable route.

Do participants have to meet in a mediation?

• Yes

• No

• What is conflict resolution? 

• • The process by which two or more parties reach a peaceful resolution to a dispute.

• • The process by which two or more parties try to solve a business related problem at a workplace. 

• • The process by which people try to complete their pending business goals. 

• • None of the above

In the mediation process, what is the purpose of caucusing?

• Encouraging joint discussions between parties
  

• 2. Allowing the mediator to make a final decision
     

• 1. Providing a confidential space for individual discussions
     

• 1. Drafting a legally binding agreement