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Mediation Law: Ethics and Professional Conduct

Description: This quiz covers the ethical and professional conduct guidelines that mediators must adhere to in order to ensure fair and impartial mediation.
Number of Questions: 15
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Tags: mediation law ethics professional conduct
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What is the primary ethical principle that guides mediators?

  1. Confidentiality

  2. Impartiality

  3. Self-Determination

  4. Accountability


Correct Option: B
Explanation:

Mediators must remain impartial and neutral throughout the mediation process, ensuring that they do not favor one party over the other.

What is the duty of confidentiality that mediators have?

  1. To keep all information disclosed during mediation confidential

  2. To disclose information to the parties' attorneys

  3. To report any illegal activities to the authorities

  4. To share information with other mediators


Correct Option: A
Explanation:

Mediators must maintain the confidentiality of all information disclosed during mediation, except in limited circumstances, such as when required by law or to prevent harm to a person.

What is the role of the mediator in promoting self-determination?

  1. To make decisions for the parties

  2. To impose their own solutions

  3. To facilitate the parties' own decision-making

  4. To advocate for one party over the other


Correct Option: C
Explanation:

Mediators should empower the parties to make their own decisions by facilitating communication and helping them explore their options.

What is the mediator's responsibility in terms of accountability?

  1. To be accountable to the parties

  2. To be accountable to the court

  3. To be accountable to their professional association

  4. All of the above


Correct Option: D
Explanation:

Mediators are accountable to the parties, the court, and their professional association, ensuring that they adhere to ethical and professional standards.

What is the mediator's duty to disclose any potential conflicts of interest?

  1. To disclose any potential conflicts of interest to the parties

  2. To disclose any potential conflicts of interest to the court

  3. To disclose any potential conflicts of interest to their professional association

  4. All of the above


Correct Option: D
Explanation:

Mediators must disclose any potential conflicts of interest to the parties, the court, and their professional association to ensure that the mediation process is fair and impartial.

What is the mediator's duty to avoid conflicts of interest?

  1. To avoid any situations where they may have a personal or financial interest in the outcome of the mediation

  2. To avoid any situations where they may have a relationship with one of the parties

  3. To avoid any situations where they may have a bias towards one of the parties

  4. All of the above


Correct Option: D
Explanation:

Mediators must avoid any situations that may create a conflict of interest, such as having a personal or financial interest in the outcome of the mediation, having a relationship with one of the parties, or having a bias towards one of the parties.

What is the mediator's duty to maintain confidentiality?

  1. To keep all information disclosed during mediation confidential

  2. To disclose information to the parties' attorneys

  3. To report any illegal activities to the authorities

  4. To share information with other mediators


Correct Option: A
Explanation:

Mediators must maintain the confidentiality of all information disclosed during mediation, except in limited circumstances, such as when required by law or to prevent harm to a person.

What is the mediator's duty to promote self-determination?

  1. To make decisions for the parties

  2. To impose their own solutions

  3. To facilitate the parties' own decision-making

  4. To advocate for one party over the other


Correct Option: C
Explanation:

Mediators should empower the parties to make their own decisions by facilitating communication and helping them explore their options.

What is the mediator's duty to be impartial?

  1. To treat both parties equally

  2. To avoid showing favoritism to either party

  3. To listen to both parties' perspectives

  4. All of the above


Correct Option: D
Explanation:

Mediators must be impartial and treat both parties equally, avoiding showing favoritism to either party and listening to both parties' perspectives.

What is the mediator's duty to be competent?

  1. To have the necessary skills and knowledge to conduct mediation

  2. To stay up-to-date on the latest developments in mediation law and practice

  3. To be able to effectively communicate with the parties

  4. All of the above


Correct Option: D
Explanation:

Mediators must be competent and have the necessary skills and knowledge to conduct mediation, stay up-to-date on the latest developments in mediation law and practice, and be able to effectively communicate with the parties.

What is the mediator's duty to avoid conflicts of interest?

  1. To disclose any potential conflicts of interest to the parties

  2. To avoid any situations where they may have a personal or financial interest in the outcome of the mediation

  3. To avoid any situations where they may have a relationship with one of the parties

  4. All of the above


Correct Option: D
Explanation:

Mediators must avoid conflicts of interest and disclose any potential conflicts of interest to the parties, avoid any situations where they may have a personal or financial interest in the outcome of the mediation, and avoid any situations where they may have a relationship with one of the parties.

What is the mediator's duty to maintain confidentiality?

  1. To keep all information disclosed during mediation confidential

  2. To disclose information to the parties' attorneys

  3. To report any illegal activities to the authorities

  4. To share information with other mediators


Correct Option: A
Explanation:

Mediators must maintain the confidentiality of all information disclosed during mediation, except in limited circumstances, such as when required by law or to prevent harm to a person.

What is the mediator's duty to promote self-determination?

  1. To make decisions for the parties

  2. To impose their own solutions

  3. To facilitate the parties' own decision-making

  4. To advocate for one party over the other


Correct Option: C
Explanation:

Mediators should empower the parties to make their own decisions by facilitating communication and helping them explore their options.

What is the mediator's duty to be impartial?

  1. To treat both parties equally

  2. To avoid showing favoritism to either party

  3. To listen to both parties' perspectives

  4. All of the above


Correct Option: D
Explanation:

Mediators must be impartial and treat both parties equally, avoiding showing favoritism to either party and listening to both parties' perspectives.

What is the mediator's duty to be competent?

  1. To have the necessary skills and knowledge to conduct mediation

  2. To stay up-to-date on the latest developments in mediation law and practice

  3. To be able to effectively communicate with the parties

  4. All of the above


Correct Option: D
Explanation:

Mediators must be competent and have the necessary skills and knowledge to conduct mediation, stay up-to-date on the latest developments in mediation law and practice, and be able to effectively communicate with the parties.

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