Multiple Choice: Read the question carefully. Some questions have only one correct answer. Some questions require more than one answer to be selected. Each question is worth 1 point.
Short Answer: Answers longer than 250 words will not be accepted for grading. Each answer will be graded out of a maximum of 5 points.
A. Multiple Choice
1. In which one of these dispute resolution processes do the parties have the greatest control of the outcome:
Arbitration
Mediation
Conciliation
Litigation
2. The NMAS Standards require a mediator to (check all that apply):
Respect the confidentiality of the participants
Conduct the mediation in an impartial manner
Adhere to ethical standards of practice
Refrain from taking an advisory role in regard to the content of the matter being mediated
None of the above
All of the above
3. A negotiation style where the parties’ needs and interests are explored and a range of options are developed to address those needs and interests is described in Prof. Sourdin’s text as:
submissive
compromise
collaborative or cooperative
competitive or positional
avoidance
4. The earliest written references to arbitration appeared in:
England in the 1600s
Australia in 1904 with the Conciliation and Arbitration Act 1904 (Cth)
Greece in the 4th century BCE
The Hague in the 1800s
5. NADRAC considered which of the following 3 objectives of ADR to be common for most parties, practitioners, service providers, government and the community:
Resolve or limit disputes in an effective and efficient way
Reduce government expenditure on courts
Provide fairness in procedure
Take justice out of the hands of lawyers
Achieve outcomes that are broadly consistent with public and party interests
B. Short Answer
1. What are some of the key skills are required of a lawyer to conduct an effective client interview?
2. What are some of the practical or legal limits on the confidentiality of the mediation process