18 Questions
What is one of the mediator's responsibilities according to the text?
Assisting the parties in reaching a satisfactory resolution
In the mediation process, what role should a lawyer play according to the text?
Helping the client put in writing the terms of the settlement agreement
What can a lawyer do if they perceive their client is unable to bargain effectively during mediation?
Ask for a recess to privately give advice or suggestions to the client
What is NOT a consideration for lawyers when putting the terms of a settlement agreement in writing?
Exaggerated claims
What is an article to be considered in the conduct of Mediation?
Parties personally appearing for mediation
What is a responsibility of the mediator regarding claims during mediation?
Avoiding untruthful or exaggerated claims about dispute resolution process
What is the main purpose of mediation as highlighted in the text?
To negotiate a settlement with the assistance of a mediator
What is one of the responsibilities of the lawyer in preparing for mediation?
Understanding the other party's underlying interests and needs
What should the lawyer emphasize when discussing possible settlement options with the client?
Being open-minded about considering all settlement possibilities
In preparing for mediation, what information should the lawyer discuss with their client regarding the upcoming mediation process?
Explaining the lawyer's role and the advantages of mediation over litigation
What should a lawyer do to assist in mediation according to the text?
Actively support the mediator in educating the client about mediation rules and processes
Why is it important for a lawyer to study the other party's position in relation to the issues before mediation?
To understand the underlying interests, fears, concerns, and needs of the other party
What is a mediator's responsibility regarding the understanding of the mediation proceeding by each party?
Ensuring that each party understands the nature and character of the mediation proceeding
When can a mediator limit the scope of mediation proceedings for a party not represented by counsel?
If the party is unable to fully participate in the mediation proceeding
What is a mediator's role regarding legal or technical advice during mediation?
Refraining from providing legal or technical advice
Why should a mediator avoid expressing personal opinions on the merits of proposals in mediation?
To maintain neutrality and fairness in the mediation process
In what circumstances can a mediator recommend a party to seek appropriate assistance during mediation?
When the party is unable to fully participate or understand the process
What is a mediator's primary responsibility regarding dispute resolution in mediation?
Shaping a voluntary and uncoerced settlement with party involvement
Learn about a lawyer's role in the mediation process, including the importance of clients speaking for themselves and taking responsibility for decisions. Explore how lawyers may provide advice to clients and assist in drafting settlement agreements.
Make Your Own Quizzes and Flashcards
Convert your notes into interactive study material.
Get started for free
