Question, . When the mediator raises the issue of Lorraine’s move to California, Mark becomes very

. When the mediator raises the issue of Lorraine’s move to California, Mark becomes very

angry and accuses her of trying to steal his children. This upsets Lorraine, who begins to

cry, claiming that Mark never considers her personal needs. This exchange would occur in

what part of the mediation process?

A. Introduction C. Issue clarification

B. Generation of options D. Ventilation

12. As the session progresses, Mark agrees to let Lorraine take the children to California.

He wants them to come to Boston during their winter and summer breaks. Lorraine

objects. She wants to spend Christmas with the children. Despite their willingness to continue

talking about this issue, neither one wants to change his or her position. The mediator

will most likely decide to

A. call a caucus.

B. call for closure.

C. continue the joint session.

D. urge Mark to ask for physical custody.

13. During the mediation session, the mediator says that he can sympathize with Lorraine and

Mark’s children because his mother moved to another state after his parents divorced.

When Lorraine reports this remark to you, you’re concerned that the mediator has violated

his duty

A. of confidentiality.

B. of impartiality.

C. of self-determination.

D. to report any conflicts of interest.

14. Mark and Lorraine aren’t able to agree on the custody issues, and your firm files a divorce

case in court. The mediator reports that the mediation wasn’t successful in resolving all the

outstanding issues between the couple. The judge, who is new to the bench, asks the

mediator which issues weren’t resolved and why. What would likely happen next?

A. The mediator supplies the court with the details of the mediation.

B. The mediator refuses to respond with the reasons for the issues not being resolved.

C. The mediator apologizes for wrongfully revealing that the mediation was not

successful.

D. The mediator asks to be called as a witness during the divorce hearing.

15. You begin work as a paralegal in your state’s environmental protection agency. You’re

assigned to a long-standing dispute between the state and a large chemical company. The

lawsuit involves several private parties as well as the state government. The case requires

fact-finding on quite a few scientific as well as legal issues, and it’s still in the discovery

stage. Your boss suggests that you research the possibility of

A. med-arb. C. a minitrial.

B. a summary jury trial. D. negotiated rulemaking.