Find out how much you really know about mediation with this short True/False quiz.
1. Opposing parties meet together with the mediator in caucus. T/F
2. No one can use documents disclosed solely in mediation as evidence if the case does not settle. T/F
3. If parties are unable to agree on settlement terms, the mediator will decide the case based on the information presented at the mediation. T/F
4. The process of getting everyone to agree to mediation and to a specific date, time and place is called “convening.” T/F
5. Mediators start a mediation with a mediator’s proposal. T/F
6. Settlement at mediation should be documented with a settlement agreement, stipulation to settle, or memorandum of understanding. T/F
- FALSE. Opposing parties meet together with the mediator in joint session. In caucus, only one side meets with the mediator
- TRUE. Strict confidentiality laws prohibit the introduction of evidence in any civil forum of information disclosed exclusively within mediation
- FALSE. Mediators never decide any issue in a case. The mediator facilitates communication so parties can come to an agreement. The parties have complete control of whether and how a dispute resolves.
- TRUE. Sometimes convening the mediation is as big a challenge as settling the dispute.
- FALSE. The mediator’s proposal may be made near the end of the mediation, never at the beginning. When it looks like parties will not move one more inch toward settlement, and the mediator has an idea what it will take to settle the case, the mediator may propose a way to resolution. Each party responds confidentially to the mediator’s proposal. If everyone agrees, there is a settlement. If fewer than all parties agree, no one will ever know others’ responses; everyone is left at the same bargaining position as before the mediator’s proposal.
- TRUE. Settlements should be documented while everyone is together. If parties are unable to complete a settlement agreement at the mediation, which is common, the main areas of agreement should be documented in a binding stipulation or MOU, memorandum of understanding.
HOW DID YOU DO?
6 correct answers- Mediation Superstar
4-5 correct answers- You’ve got the right idea. Just brush up on the nuances
2-3 correct answers – Looks like you’ve done some reading, but are still pretty unclear on the particulars. Get more information here.
0-1 correct answers- Hey dude/girl, have you ever even been to a mediation? Please call me, and I’ll talk you through how it works.