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Questions in this quiz (70)
1Mediation and other Alternative Dispute Resolution methods have their origin in:
- AJapan
- BChina
- CAfrica
- DAll of these answers are correct
2Which of the following has been defined as: “an institutional arrangement for involving the coercive power of the state in a private dispute”?
- Aconciliation
- Balternative dispute resolution method as a whole
- Ccivil litigation
- Dmediation
3ADR methods have gained popularity as a result of:
- ACriticism of our current system
- BOvercrowded courts
- CRising costs of attorneys and litigation
- DAll of these answers are correct
4In 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?
- AADR as a response to dissatisfaction with our legal system
- BInternational workshops
- CAlliance of people relations
- DDevelopments in organizational relations
- EReligious leader interventions
5During a mediation, the mediator:
- ARemains neutral and controls the process
- BAll of these answers are correct
- CControls the content and outcome of the mediation
- DHelps disputants by suggesting alternative outcomes
6The conflict survey assessment helped us get a general description of:
- AHow collaboration is the best way to address conflict situations
- BOur personal tendency in regard to how we deal with conflict
- CWhat not to do in a difficult situation
- DWhat behaviors are generally ineffective when dealing with conflict situations
7In COVENANT JUSTICE, a dimension of shalom has to do with social relationships: this means:
- AHaving agreements or covenants with people you live and work with
- BLiving in shalom is living in just economic and political relationships with one another
- CLiving in a religious community
- DLiving in a peaceful community
8Which of these responses is NOT a mechanism to resolve disputes utilizing an ADR method?
- AConciliation
- BMediation
- CArbitration
- DLitigation
9Please choose the answer that best reflects your professor’s view (as stated in lectures) regarding conflict:
- AConflict is best handled utilizing a passive approach
- BConflict situations should be avoided at all costs
- CConflict is inevitable, can be beneficial, and is often an expression of diversity
- DConflicts are best addressed head-on, using an aggressive approach
10VORP stands for:
- AVictim and offender restorative programs
- BVictim offender relationship program
- CVictim offender restitution plan
- DVictim offender reconciliation program
11This is an example of a listening block that impedes the listening process:
- AAll of these answers are correct
- BComparing
- CAdvising
- DRehearsing
12Important components of effective listening include all of the following EXCEPT:
- AClarifying Questions
- BParaphrasing
- CAll of these answers are correct
- Dcongruent messages
13Which of the following goals are accomplished when mediators communicate effectively?
- AReframe issues so they can be solved
- BSet parties at ease by establishing trust
- CManage tensions between parties
- DAll of these answers are correct
14This process is the ‘surest’ way to clarify understanding and meaning during a conversation
- ARehearsing
- BParaphrasing
- Cusing the power of the positive
- Dall of these answers are correct
- Enegotiation
15It 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?
- AAll of these answers are correct
- BListen carefully
- CNever make the disputant wrong
- DBe patient, unhurried, and accepting
- ERespect, but don’t press for emotions
16According to our Beer and Packard text, which of the following is a (are) element(s) of giving your full attention during a mediation?
- ABeing receptive as each individual tells their story
- BBeing impartial yet empathetic as each person tells their story
- CBeing without judgement and accepting each person’s truth as they share their story
- DAll of these answers are correct
17When acknowledging a disputant’s statement, a mediator should:
- AFace the disputant
- BBe empathetic as the disputants share their narrative
- CParaphrase or summarize the key points that have been shared
- DAll of these answers are correct
18The Johari Window Illustrates
- AThe mediation process
- BHow self-knowledge and other people’s perceptions can help a person become more aware of personal bias and blind spots
- CAll of these answers are correct
- DA good example of win/win conflict resolution practices
19According to class lectures and our Moore text, when should active listening NOT be used?
- AWhen one or both of the disputants keep saying the same thing repeatedly
- BAll of these answers are correct
- CWhen the mediator believes that a party may be getting ‘triggered’ in a negative way
- DWhen the mediator believes that a focus on the emotions may further escalate the conflict in a negative way
20According to our texts and class lectures, one of the best ways to get to a solution is to:
- AGive the disputants the opportunity to discuss the conflict by having each give their view of the issues and then brainstorm solutions together
- BHave each disputant make a detailed list of what the other person did and accept responsibility for each behavior
- CAll of these answers are correct
- DHelp disputants express their anger regarding the situation
21The following are issues that CAN be mediated:
- ABusiness issues
- BAll of these answers are correct
- CRelationship issues
- DDivorce and custody issues
- EConsumer disputes
22In the exchange part of the mediation process, which of the following does NOT occur?
- AThe mediator makes sure that each person is heard
- BThe mediator listens for possible areas of agreement
- CEach party defends their position and offers supporting evidence
- DEach party recounts their view of what happened and what has caused the conflict
23While listening to the issues that have surfaced in the mediation process. The following may be included:
- APresenting problems as shared concerns whenever possible
- BAll of these answers are correct
- CStating the topics that need to be discussed
- DReflecting each party’s concerns
24A caucus
- AAll of these answers are correct
- BMay be called during the mediation when emotions are very intense
- CIs a separate meeting held before or during a mediation
- DCan be called by a mediator or a disputant
25A mediator may call for a caucus because?
- AAll of these answers are correct
- BOne party is very emotional and not able to control themself
- CEither party is being unrealistic in their expectations
- DOne party appears to be tired of the process
26Mediation is NOT appropriate when
- AThe parties live or work together
- BOne party seems incapable of listening
- CEither party is upset over the incident under discussion
- DMaintaining a relationship with the other party is appropriate
27Which of the following are important for the mediator to address during the process?
- AAn overview of the basic agenda
- BNorms about how to behave during the process
- CAll of these answers are correct
- DTalking about BATNA if necessary
- EConfidentiality and its limits
28Which of the following should a mediator AVOID during the process?
- ABuilding credibility and establishing a professional relationship
- BProposing or lobbying for a specific solution
- CGiving an opening statement and introduction
- DEducating parties about the process of mediation
29The initial contact by the parties in order to select a mediator can be because:
- AAll of these answers are correct
- BAn attorney referred the parties to mediation
- CAn appointment was made through an agency or judge
- DA direct request was made by one or both parties for a mediation to take place
30According 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?
- AHave the individual describe the behavior that they would like to see instead of the problematic one
- BAll of these answers are correct
- Cacknowledge the person’s feelings and the impact that the problem behavior has on them
- DAsk the parties for a specific example of the behavior that they are talking about
31A restorative justice process
- AAll of these answers are correct
- BSees conflict as a wound in a relationship
- CFocuses on humanizing the conflict and repairing the harm done
- DRequires a human encounter, acknowledgement of each other’s story, tolerance of differences
32Which of the following is an “essential” quality/skill of an effective and ethical mediator
- ABeing imaginative in solving problems
- BBe directive
- CHaving the ability to remain neutral
- DGetting parties to come to an agreement quickly
33Using a Restorative Justice lens what does “making things right” mean?
- AAn agreement that has specific requirements
- BA discussion of the future of the relationship that was damaged
- CA recognition that there has been an injustice
- DAll of these answers are correct
34Prisons were originally promoted as:
- AA way to give justice to victims
- BThe most effective way to protect communities
- CA humane alternative to corporal punishment
- DEducational systems
35The primary goal of our current justice system is:
- ARetribution
- BDetermination of guilt
- CAdjudication
- DPunishment
- EAll of these answers are correct
36According to Howard Zehr, crime described as “a violation of the rules” with the “State” being the victim falls under:
- AA restorative paradigm
- Ba restorative view of crime
- CVictim offender programs
- Da retributive view of crime
37Justice, using a restorative lens, emphasizes
- AAn adversarial model
- BThe needs of the victim
- CA focus on the past
- DBlame-fixing
38When looking at crime from a “restorative lens”
- AContext and interpersonal dimensions must be considered
- BVictims’ rights are not considered
- CThe state and offender are primary parties
- DAll of these answers are correct
39When comparing Retributive Justice to Restorative Justice it is important to look at
- AAccountability
- BJustice
- CAll of these answers are correct
- DThe crime
40According to our Zehr text, Crime involves injuries which need healing. He identifies several dimensions where healing needs to take place. These include:
- AFor the victim
- BFor the community
- CFor the relationship
- DFor the offender
- EAll of these answers are correct
41BATNA stands for:
- ABest agreement for negotiation
- BAll of these answers are correct
- CBest allegation that’s negotiated
- DBest alternative to a negotiated agreement
42The BEST word to describe the role of a mediator during a mediation process is:
- ALitigator
- BArbitrator
- CJudge
- DFacilitator
43Protecting disputants during a mediation includes which of the following?
- AAll of these answers are correct
- BPhysical protection
- CPrivacy
- DPsychological protection
44A good written agreement includes which of the following?
- AIs clear, specific and attainable
- BAll of these answers are correct
- CProvides for future problems
- DHas an emphasis on positive action
45By choosing to participate in the mediation process, a person:
- ASaves time, money, and has a say in the outcome
- BDepends upon legal precedents to reach an agreement
- CLoses their day in court
- DAll of these answers are correct
46Which of the following is (are) NOT an advantage of an effective opening statement?
- AAll of these answers are correct
- BIt establishes ground rules for the process
- CIt conveys the sense of a confident mediator inviting trust in the process
- DIt serves the purpose of putting people at ease
47When writing agreements, it is advised to use the SAM guidelines. SAM stands for:
- AStated, attainable, metrics
- BStated, agreed, measures
- CSpecific, agreement, measures
- DSpecific, attainable, measurable
48Which of the following is NOT a behavioral guideline that should be considered for a mediation?
- ARules regarding interruptions
- BAll of these answers are correct
- CAgreement on the speaking order of the disputants
- DUse of “I” statements
49Written agreements are important because:
- AAll of these answers are correct
- BThey remind people of what they have accomplished
- CThey help to prevent future arguments
- DThey give tangible proof that parties have accomplished something together
50If a disputant violates one of the ground rules, a mediator is advised to:
- AAll of these answers are correct
- BDisregard the violation
- CImmediately stop the behavior and stop the mediation
- DGently remind the person of the ground rules that have been established
51Assembling information about our opponents’ viewpoint most likely will:
- ACause our opponent to beef up their security and harden their position
- BForce their hand to decide in our favor
- CForce them to reject our proposal completely
- DDemonstrate our credibility and goodwill
52The most effective way to deal with conflict is by:
- AAll of these answers are correct
- BGetting beyond positions and right and wrong answers
- CDesigning a process that addresses all parties interests and needs
- DDesigning a process that will be humane and ethical
- EDesigning a process that deals with conflict management rather than conflict resolution
53It is very important to be sensitive to diversity during a mediation. Which of the following should a mediator take into consideration before, during, and after the mediation process?
- ASocio-economic issues
- BGender issues
- CAll may be important to the mediation process and the mediator should consider the influence each may have on the mediation process
- DCultural issues
- EAge issues
54As a mediator, one of the BEST ways to understand conflict situations is to observe them from:
- AFrom ALL parties’ point of view and as a third party neutral
- BThe body of information (facts and data only) gathered from the current situation
- CYour own point of view, trusting your instincts
- DThe people, the press, and the politicians’ point of view
55According to many experts, which of the following CANNOT be negotiated during a mediation process?
- AJob responsibilities
- BReimbursement and arranging payment
- CHow people treat each other
- DPrinciples and values
56Remaining impartial is important in the mediation process. Which of the following can help a mediator be neutral during the process?
- AEmpathizing with disputants
- BCultivating personal awareness
- CAll of these answers are correct
- DValidating disputants’ feelings
- EListening to each disputant and paraphrasing when necessary
57This 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
- AGrowing up in a collectivist culture
- Bconfirmation bias
- CAn example of explicit bias
- DAll of these answers are correct
58Understanding 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:
- AAny common underlying themes
- BWhat issues are particularly hot
- CWhat matters to each person
- DWhat the parties hope to resolve
- EAll of these answers are correct
59Stereotypes are used for many reasons. Which of the following is the BEST answer regarding stereotypes?
- AWe use stereotypes, in part, because it’s so hard to take in all of the complicated information about other people in the world
- BStereotypes can be damaging to people and relationships
- CBeing aware of stereotypes that we use is one of the best ways to guard against them
- DAll of these answers are correct
60Which of the following is NOT a significant innovation of South Africa’s Truth and Reconciliation Commission?
- AInclusion of perpetrators in the process through the provision of amnesty
- BExclusion of perpetrators from the process of repairing harm
- CIt’s forward looking orientation
- DThe public’s involvement in the process
61When discussing mediation with parties who are considering using the process, it is important to do the following:
- AAll of these answers are correct
- BExplain the mediation process
- CAddress any of the hesitations that either party may have regarding the mediation process
- DEmphasize the positive points regarding using mediation like reduce costs, reduce time, and having a say in the outcome
62What is the most common reason why people don’t choose to use mediation
- AMany people don’t know about mediation
- BThey don’t believe anyone can help settle their dispute
- CThe process is too confusing for people
- DThey think that it will cost too much money
63Family conflicts and neighborhood disputes often involve both young people and adults. Which of the following can prove useful in these cases?
- AGive children extra time and encouragement to share their thoughts and feelings
- BMake sure all of the furniture is the right size
- CAdvise younger disputants to avoid eye contact with older disputants
- DBe sure to have the younger participants NOT to use the first names of older disputants
64When mediating family conflict experts encourage mediators to:
- AAll of these answers are correct
- BCo-mediate
- CReview the guidelines for mediation with all parties
- DSet ground rules for all involved
- EExplain what a caucus is and let all participants know that they can call for one if needed
65This potentially, is the biggest problem with the caucus technique during a mediation
- ACaucuses give the mediators the greatest opportunity to give advice
- BThe mediator stops being the main channel for communication
- CA caucus doesn’t allow the parties to argue directly with each other
- DA caucus adds too much time to the process
66According to our Moore text, agreements are considered strong when they:
- AAll of these answers are correct
- BAre substantive with specific and tangible points
- CInclude specific, attainable, and measurable details on the final agreement form
- DInclude specific agreements for each of the issues discussed by the disputants
67The Code of Ethics for Mediators puts forth strong guidelines regarding:
- AAll of these answers are correct
- BThe importance of confidentiality
- CThe necessity for mediators to be competent regarding the topics being mediated
- DThe need for mediators to be neutral
68When signing off on stipulated agreement forms in small claims court:
- AAll of these answers are correct
- BAll parties must voluntarily participate in the process
- CAgreements must be specific, attainable, measurable, and approved by the judge
- DAll parties must agree to waive confidentiality of the written agreement
69As 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?
- AAll of these answers are correct
- BHow do we ensure that the outcomes are just?
- CDo we need to punish?
- DHow do we deal restoratively with non-cooperative offenders?
70The 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?
- ARestorative processes should be used only with the free and voluntary consent of the parties
- BRestorative justice processes should be made available ONLY AFTER the criminal justice process is completed
- CIt is not necessary for parties to take responsibility for their wrong doings and to be present in good faith
- DObvious disparities between the parties such as age, gender, cultural differences do not need to be taken into consideration
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- Quiz on Pcst, created by Anna Santos on 10/12/2020.
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