Question

  

8. In spite of the difficulties that ABC has caused the company, DEF still thinks that ABC

makes the best gaskets in the world. Since the client doesn’t want to end the relationship

between the companies, the attorney may suggest that ABC and DEF mutually agree to

set aside the arbitration clauseand instead try

A. early neutral evaluation. C. a minitrial.

B. med-arb. D. mediation.

9. The arbitrator makes an award promptly, but DEF is unhappy about the terms. DEF wants

to go to court to overturn the award, claiming that the arbitrator didn’t have the right

industry experience and that the award didn’t include any reasoning for the decision. Your

supervising attorney, Mr. Smith, advises them that

A. in America, you can always go to court.

B. courts will review binding arbitration awards only in cases of obvious fraud or

corruption.

C. the arbitrator should have included the reasons for the decision in a binding arbitration.

D. the arbitrator’s lack of industry experience invalidates the award.

Questions 10–14 are based on the following set of facts.

You’re a paralegal in a Massachusetts law firm that specializes in family law. Lorraine H has

come to you because she and her husband, Mark, have decided to divorce. The couple

lives in a suburb of Boston with their three small children, ages 4, 6, and 8. Lorraine

explains that they’re both very concerned about the impact of the divorce on the children.

Mark, an architect, is a partner in a large and successful Boston firm. He doesn’t plan to

leave Boston after the divorce. But Lorraine would like to return to California where the rest

of her family lives. She wants to take the children with her, although she expects that Mark

will have strong objections. Your supervising attorney explains that Massachusetts law

requires that divorce cases go first to mediation before they’re filed in court.

10. The local court appoints a mediator from its list of family law specialists. In one of your

meetings with Lorraine, she says, “Mark and I just can’t ever seem to come to a decision

about anything important. I’m so glad that there will be a mediator to make some decisions

for us.” You respond,

A. “I understand. We’re lucky to have such a thoughtful person as a mediator.”

B. “You and Mark will be making the decisions because the mediator doesn’t have that

authority.”

C. “You should talk about that with my supervising attorney.”

D. “If you and Mark can’t agree on important issues, maybe mediation isn’t the right kind

of ADR for this case.”

Examination 95

11. 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