Mediation Process and Lawyer's Responsibilities

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What is one of the mediator's responsibilities according to the text?

Exaggerating the benefits of the dispute resolution process

Making untruthful claims about the mediation process

Assisting the parties in reaching a satisfactory resolution (correct)

Imposing a settlement on the parties

In the mediation process, what role should a lawyer play according to the text?

Ensuring the terms of the settlement agreement are contrary to law

Exaggerating claims about the mediation process

Making decisions on behalf of the client

Helping the client put in writing the terms of the settlement agreement (correct)

What can a lawyer do if they perceive their client is unable to bargain effectively during mediation?

Force their client to make decisions on their own

Ask for a recess to privately give advice or suggestions to the client (correct)

Exaggerate claims about the mediator's qualifications

Prevent their client from speaking for themselves

What is NOT a consideration for lawyers when putting the terms of a settlement agreement in writing?

Exaggerated claims (D) Signup and view all the answers

What is an article to be considered in the conduct of Mediation?

Parties personally appearing for mediation (B) Signup and view all the answers

What is a responsibility of the mediator regarding claims during mediation?

Avoiding untruthful or exaggerated claims about dispute resolution process (B) Signup and view all the answers

What is the main purpose of mediation as highlighted in the text?

To negotiate a settlement with the assistance of a mediator (D) Signup and view all the answers

What is one of the responsibilities of the lawyer in preparing for mediation?

Understanding the other party's underlying interests and needs (D) Signup and view all the answers

What should the lawyer emphasize when discussing possible settlement options with the client?

Being open-minded about considering all settlement possibilities (D) Signup and view all the answers

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 (A) Signup and view all the answers

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 (D) Signup and view all the answers

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 (C) Signup and view all the answers

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 (B) Signup and view all the answers

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 (B) Signup and view all the answers

What is a mediator's role regarding legal or technical advice during mediation?

Refraining from providing legal or technical advice (C) Signup and view all the answers

Why should a mediator avoid expressing personal opinions on the merits of proposals in mediation?

To maintain neutrality and fairness in the mediation process (A) Signup and view all the answers

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 (A) Signup and view all the answers

What is a mediator's primary responsibility regarding dispute resolution in mediation?

Shaping a voluntary and uncoerced settlement with party involvement (D) Signup and view all the answers