mediation

Prisons were originally promoted as: 1. A humane alternative to corporal punishment 2. The most effective way to protect communities 3. Educational Systems 4. A way to give justice to victims

1. A humane alternative to corporal punishment

Which of the following should a mediator take into consideration before, during, and after the mediation process. 1. All may be important to the mediation process and the mediator should consider the influence each may have on the mediation process. 2. Socio-economic issues. 3. Gender issues 4. Cultural issues. 5. Age issues.

1. All may be important to the mediation process and the mediator should consider the influence each may have on the mediation process.

A Restorative Justice process 1. All of these answers are correct. 2. Requires a human encounter, acknowledgement of each other's story, tolerance of differences. 3. Focuses on humanizing the conflict and repairing the harm done. 4. Sees conflict as a wound in a relationship

1. All of these answers are correct.

Stereotypes are used for many reasons. Which of the following is the BEST answer regarding stereotypes? 1. All of these answers are correct. 2. We use stereotypes, in part, because it's so hard to take in all of the complicated information about other people in the world. 3. Stereotypes can be damaging to people and relationships. 4. Being aware of stereotypes that we use is one of the best ways to guard against them.

1. All of these answers are correct.

Which of the following is an "essential" quality/skill of an effective and ethical mediator 1. Having the ability to remain neutral 2. Be directive 3. Getting parties to come to an agreement quickly 4. Being imaginative in solving problems

1. Having the ability to remain neutral

This is the tendency to search for, interpret, prefer, and recall information in a way that assigns disproportionately less attention to information that contradicts our own belief in regard to a given subject, while at the same time assigning more weight to information that aligns with our beliefs. 1. An example of explicit bias. 2. Confirmation Bias 3. Growing up in a collectivist culture. 4. All of these answers are correct.

2. Confirmation Bias

Assembling information about our opponents' viewpoint most likely will: 1. Cause our opponent to beef up their security and harden their position. 2. Demonstrate our credibility and good will. 3. Force their hand to decide in our favor. 4. Force them to reject our proposal completely.

2. Demonstrate our credibility and good will.

Which of the following is NOT a significant innovation of South Africa's Truth and Reconciliation Commission? 1. The public's involvement in the process. 2. Exclusion of perpetrators from the process of repairing harm. 3. Inclusion of perpetrators in the process through the provision of amnesty. 4. It's forward looking orientation

2. Exclusion of perpetrators from the process of repairing harm.

According to our texts and class lectures, one of the best ways to get to a solution is to: 1. All of these answers are correct. 2. Give the disputants an opportunity to discuss the conflict by having each give their view of the issues and then brainstorm solutions together 3. Have each disputant make a detailed list of what the other person did and accept responsibility for each behavior 4. Help disputants to express their anger regarding the situation

2. Give the disputants an opportunity to discuss the conflict by having each give their view of the issues and then brainstorm solutions together

It is important for the mediator to remain impartial and support disputants during the mediation process. According to our Beer and Packard text, which of the following are key points for the mediator to employ? 1. Be patient, unhurried, and accepting 2. Listen carefully 3. All of these answers are correct. 4. Respect, but don't press for emotions Never make the disputant 'wrong'

3. All of these answers are correct.

Understanding people's interests is challenging. Which of the following is most helpful to a mediator in understanding what's important to disputants? Listening for clues about: 1. What the parties hope to resolve. 2. What issues are particularly hot. 3. All of these answers are correct. 4. What matters to each person. 5. Any common underlying themes.

3. All of these answers are correct.

Using a Restorative Justice lens what does "making things right" mean? 1. An agreement that has specific requirements 2. A recognition that there has been an injustice 3. All of these answers are correct. 4. A discussion of the future of the relationship that was damaged

3. All of these answers are correct.

When acknowledging a disputant's statement, a mediator should: 1. Paraphrase or summarize the key points that have been shared 2. Face the disputant 3. All of these answers are correct. 4. Be empathetic as the disputants share their narrative

3. All of these answers are correct.

When looking at Crime from a "Restorative Lens" 1. All of these answers are correct. 2. Victims' rights are not considered 3. Context and interpersonal dimensions must be considered 4. The State and the Offender are primary parties

3. Context and interpersonal dimensions must be considered

Important components of effective listening include all of the following EXCEPT: 1. Congruent Messages 2. Clarifying Questions 3. Paraphrasing 4. All of these answers are correct

4. All of these answers are correct

According to class lectures and our Moore text, when should active listening NOT be used? 1. When the mediator believes that a party may be getting 'triggered' in a negative way 2. When one or both of the disputants keep saying the same thing repeatedly 3. When the mediator believes that a focus on the emotions may further escalate the conflict in a negative way 4. All of these answers are correct.

4. All of these answers are correct.

According to our Beer and Packard text, which of the following is a (are) element(s) of giving your full attention during a mediation? 1. Being without judgment and accepting each person's truth as they share their story. 2. Being receptive as each individual tells their story. 3. Being impartial yet empathetic as each person tells their story. 4. All of these answers are correct.

4. All of these answers are correct.

When comparing Retributive Justice to Restorative Justice it is important to look at: 1. Accountability 2. Justice 3. The Crime 4. All of these answers are correct.

4. All of these answers are correct.

As a mediator, one of the BEST ways to understand conflict situations is to observe them from: 1. Your own point of view, trusting your instincts. 2. The people, the press, and the politician's point of view. 3. The body of information (facts and data only) gathered from the current situation. 4. From ALL parties' point of view AND as a third party neutral.

4. From ALL parties' point of view AND as a third party neutral.

The Johari Window illustrates: 1. The mediation process 2. All of these answers are correct. 3. A good example of win/win conflict resolution practices 4. How self-knowledge and other people's perceptions can help a person become more aware of personal bias and blind spots

4. How self-knowledge and other people's perceptions can help a person become more aware of personal bias and blind spots

According to many experts, which of the following CANNOT be negotiated during a mediation process? 1. Reimbursement and arranging payment. 2. Job responsibilities. 3. How people treat each other. 4. Principles and values.

4. Principles and values.

According to our Zehr Text, Crime involves injuries which need healing. He identifies several dimenstions where healing needs to take place. These include: 1. For the Community 2. For the Victim 3. For the Offender 4. For the Relationship 5. All of these answers are correct.

5. All of these answers are correct.

Remaining impartial is important in the mediation process. Which of the following can help a mediator be neutral during the process? 1. Validating disputants' feelings. 2. Listening to each disputant and paraphrasing when necessary. 3. Cultivating personal awareness. 4. Empathizing with disputants. 5. All of these answers are correct.

5. All of these answers are correct.

The most effective way to deal with conflict is by: 1. Designing a process that addresses all parties interests and needs. 2. Designing a process that deals with conflict management rather than conflict resolution. 3. Designing a process that will be humane and ethical. 4. Getting beyond positions and right and wrong answers. 5. All of these answers are correct.

5. All of these answers are correct.

When mediating family conflict experts encourage mediators to: 1. All of these answers are correct. co-mediate 2. Review the guidelines for mediation with all parties. 3. Set ground rules for all involved 4. Explain what a caucus is and let all participants know that they can call for one if needed.

All of these answers are correct

This is an example of a listening block that impedes the listening process: 1. All of these answers are correct. 2. Comparing 3. Advising 4. Rehearsing

All of these answers are correct.

Which of the following goals are accomplished when mediators communicate effectively? 1. Reframe issues so they can be solved. 2. Set parties at ease by establishing trust. 3. Manage tensions between parties. 4. All of these answers are correct.

All of these answers are correct.

If a disputant violates one of the ground rules, a mediator is advised to: 1. All of these answers are correct. 2. Immediately stop the behavior and stop the mediation. 3. Gently remind the person of the ground rules that have been established 4. Disregard the violation

Gently remind the person of the ground rules that have been established

in covenant justice, a dimension of shalom has to do with social relationships. This means: 1. Living in a religious community 2. Living in shalom is living in just economic and political relationships with one another 3. Living in a peaceful community 4. Having agreements or covenants with people you live and work with

Living in shalom is living in just economic and political relationships with one another

2. What is the most common reason why people don't choose to use mediation. 1. Many people don't know about mediation. 2. They don't believe anyone can help settle their dispute. 3. The process is too confusing for people. 4. They think that it will cost too much money

Many people don't know about mediation

The Conflict Survey Assessment helped us get a general description of: 1. What behaviors are generally ineffective when dealing with conflict situations 2. Our personal tendency in regard to how we deal with conflict 3. What not to do in a difficult situation 4. How collaboration is the best way to address conflict situations

Our personal tendency in regard to how we deal with conflict

Which of the following should a mediator AVOID during the process? 1. Educating parties about the process of mediation. 2. Giving an opening statement and introduction 3. Proposing or lobbying for a specific solution. 4. Building credibility and establishing a professional relationship

Proposing or lobbying for a specific solution

The UN Commission on Crime Prevention and Criminal Justice adopted a resolution encouraging countries to adopt RJ practices. Which of the following is one of those principles? 1. Restorative processes should be used only with the free and voluntary consent of the parties. 2. Restorative justice processes should be made available ONLY AFTER the criminal justice process is completed. 3. It is not necessary for parties to take responsibility for their wrong doings and to be present in good faith. 4. Obvious disparities between the parties such as age, gender, cultural differences do not need to be taken into consideration.

Restorative processes should be used only with the free and voluntary consent of the parties

By choosing to participate in the mediation process, a person: 1. depends upon legal precedents to reach an agreement. 2. Loses their day in court. 3. All of these answers are correct. 4. Saves time, money, and has a say in the outcome.

Saves time, money, and has a say in the outcome.

When writing agreements, it is advised to use the SAM guidelines. SAM stands for: 1. Stated, Agreed, Measures 2. Specific, Agreement Measures 3. Stated, Attainable, Metrics 4. Specific, Attainable, Measurable

Specific, Attainable, Measurable

VORP stands for: 1. Victim Offender Restitution Plan 2. Victim Offender Reconciliation Program 3. Victim and Offender Restorative Programs 4. Victim Offender Relationship Program

Victim Offender Reconciliation Program

The initial contact by the parties in order to select a mediator can be because: 1. All of these answers are correct. 2. An appointment was made through an agency or judge. 3. An attorney referred the parties to mediation. 4. A direct request was made by one or both parties for a mediation to take place.

a direct request was made by one or both parties for a mediation to take place

1. When discussing mediation with parties who are considering using the process, it is important to do the following: 1. All of these answers are correct. 2. Explain the mediation process. 3. Address any of the hesitations that either party may have regarding the mediation process. 4. Emphasize the positive points regarding using mediation like reduce costs, reduce time, and having a say in the outcome.

all of these answers are correct

A caucus 1. Can be called by a mediator or a disputant. 2. Is a separate meeting held before or during a mediation. 3. May be called during a mediation when emotions are very intense. 4. All of these answers are correct.

all of these answers are correct

A mediator may call for a caucus because? 1. One party is very emotional and not able to control themself. 2. Either party is being unrealistic in their expectations 3. All of these answers are correct. 4. One party appears to be tired of the process

all of these answers are correct

ADR methods have gained popularity as a result of: 1. Rising costs of attorneys and litigation 2. All of these answers are correct. 3. Criticism of our current system 4. Overcrowded courts

all of these answers are correct

According to our Moore text, agreements are considered strong when they: 1. All of these answers are correct. 2. Are substantive with specific and tangible points. 3. Include specific, attainable, and measurable details on the final agreement form. 4. Include specific agreements for each of the issues discussed by the disputant

all of these answers are correct

As the Restorative Justice model moves into the 21st century, a number of questions pertinent to co-existing with the criminal justice model arise. These include which of the following? 1. All of these answers are correct. 2. How do we ensure that the outcomes are just? 3. Do we need to punish? 4. How do we deal restoratively with non-cooperative offenders?

all of these answers are correct

Protecting disputants during a mediation includes which of the following? 1. All of these answers are correct. 2. Privacy 3. Psychological Protection 4. Physical Protection

all of these answers are correct

The Code of Ethics for Mediators puts forth strong guidelines regarding: 1. All of these answers are correct. 2. The importance of confidentiality. 3. The necessity for mediators to be competent regarding the topics being mediated. 4. The need for mediators to be neutral .

all of these answers are correct

The following are issues that CAN be mediated. 1. All of these answers are correct. 2. Consumer Disputes 3. Relationship Issues 4. Business Issues 5. Divorce and custody Issues

all of these answers are correct

The primary goal of our current justice system is: 1. Adjudication 2. Punishment 3. Determination of guilt 4. All of these answers are correct. 5. Retribution

all of these answers are correct

When signing off on stipulated agreement forms in small claims court: 1. All of these answers are correct. 2. All parties must voluntarily participate in the process. 3. Agreements must be specific, attainable, measurable, and approved by the judge. 4. All parties must agree to waive confidentiality of the written agreement.

all of these answers are correct

Which of the following is (are) NOT an advantage of an effective opening statement? 1. It establishes ground rules for the process. 2. It serves the purpose of putting people at ease. 3. All of these answers are correct. 4. It conveys the sense of a confident mediator inviting trust in the process.

all of these answers are correct

Which of the following is NOT a behavioral guideline that should be considered for a mediation? 1. Rules regarding interruptions. 2. Agreement on the speaking order of the disputants. 3. Use of "I" statements 4. All of these answers are correct.

all of these answers are correct

While listing the issues that have surfaced in the mediation process, the following may be included 1. Presenting problems as shared concerns whenever possible 2. All of these answers are correct. 3. Stating the topics that need to be discussed 4. Reflecting each party's concerns

all of these answers are correct

Written agreements are important because: 1. The give a clear ending point to the mediation process. 2. They help to prevent future arguments. 3. They give tangible proof that parties have accomplished something together. 4. All of these answers are correct. 5. They remind people of what they have accomplished.

all of these answers are correct

According to our BEER and PACKARD text, during mediation, problems are often presented indirectly as demands, attacks, or generalizations which can present obstacles to the process. What can a mediator do to help move the process forward? 1. All of these answers are correct. 2. Acknowledge the person's feelings and the impact that the problem behavior has on them. 3. Ask the parties for a specific example of the behavior that they are talking about 4. Have the individual describe the behavior that they would like to see instead of the problematic one.

all of these are correct

Which of the following are important for the mediator to address during the process? 1. Confidentiality and its limits. 2. Norms about how to behave during the process 3. Talking about BATNA if necessary 4. An overview of the process or a basic agenda 5. All of these are correct

all of these are correct

mediation and other alternative dispute resolution methods have their origin in: 1. china 2. All of these answers are correct 3. Africa 4. Japan

all of these are correct

In the United States, the current field of Mediation can be traced to four philosophical movements that gained momentum in the mid-1960s. Which of the following is NOT one of these movements? 1. Alliance of People Relations 2. International Workshops 3. ADR as a response to dissatisfaction with our legal system 4. Religious Leader Interventions 5. Developments in Organizational Relations

alliance of people relations

1. BATNA stands for: 1. Best Agreement for Negotiation 2. All of these answers are correct 3. Best Allegation that's Negotiated 4. Best Alternative to a Negotiated Agreement

best alternative to a negotiated agreement

This potentially, is the biggest problem with the caucus technique during a mediation. 1. Caucuses give the mediators the greatest opportunity to give advice. 2. The mediator stops being the main channel for communication. 3. A caucus doesn't allow the parties to argue directly with each other. 4. A caucus adds too much time to the process.

caucuses give the mediators the greatest opportunity to give advice

which of the following has been defined as: "an institutional arrangement for involving the coercive power of the state in a private dispute?" 1. conciiliation 2. mediation 3. alternative dispute resolution methods as a whole 4. civil litigation

civil litigation

Please choose the answer that best reflects your professor's view (as stated in lectures) regarding conflict. 1. Conflict is best handled utilizing a passive approach 2. Conflict situations should be avoided at all costs 3. Conflict is inevitable, can be beneficial, and is often an expression of diversity 4. Conflicts are best addressed head-on, using an aggressive approach

conflict is inevitable, can be beneficial, and it often an expression of diversity

2. In the exchange part of the mediation process, which of the following does NOT occur? 1. Each party defends their position and offers supporting evidence 2. The mediator makes sure that each person is heard 3. Each party recounts their view of what happened and what has caused the conflict 4. The mediator listens for possible areas of agreement

each party defends their position and offers supporting evidence

The BEST word to describe the role of a mediator during a mediation process is: 1. Judge 2. Litigator 3. Arbitrator 4. Facilitator

facilitator

Family conflicts and neighborhood disputes often involve both young people and adults. Which of the following can prove useful in these cases? 1. Give children extra time and encouragement to share their thoughts and feelings. 2. Make sure all of the furniture is the right size. 3. Advise younger disputants to avoid eye contact with older disputants. 4. Be sure to have the younger participants NOT to use the first names of older disputants

give children extra time and encouragement to share their thoughts and feelings

Which of these responses is NOT a mechanism to resolve disputes utilizing an ADR method? 1. Mediation 2. Conciliation 3. Arbitration 4. Litigation

litigation

Mediation is NOT appropriate when 1. Maintaining a relationship with the other party is appropriate 2. One party seems incapable of listening 3. The parties live or work together 4. Either party is upset over the incident under discussion

one party seems incapable of listening

during mediation, the mediator: 1. Remains neutral and controls the process 2. Helps disputants by suggesting alternative outcomes 3. Controls the content and outcome of the mediation 4. All of these answers are correct.

remains neutral and controls the process