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Test Mediation and Arbitration
Agenda
QUESTION 1: What is the fundamental difference between mediation and arbitration?
There is no difference, they are the same tool
The mediator facilitates the parties' reaching their own solution, while the arbitrator imposes a final and binding decision
Mediation is a legal process, while arbitration is not
The mediator makes a decision, while the arbitrator only listens
2nd QUESTION: What is the main role of a mediator in a conflict?
Impose a penalty on the guilty party
Make a final decision about who is right
Ensure that each party is heard and understood properly, without judging or imposing a solution
Represent one of the parties in the conflict
QUESTION 3: When is mediation especially useful?
In low-stakes conflicts where the outcome doesn't matter
When one of the parties wants to avoid direct communication
As a last resort before legal litigation
In high-profile labor disputes where the outcome is important to both parties, but they have not been able to find a solution on their own
QUESTION 4: When participating in arbitration, what do the parties agree to?
To continue negotiating after the referee's decision
To abide by the final decision made by the referee
Seek a second opinion if you don't like the resolution
To pay the arbitrator's fees regardless of the result
QUESTION 5: When is arbitration usually used?
As a first step in any type of conflict
As a last resort when other avenues, such as mediation, have failed
When relationships are more important than the outcome
For conflicts involving an entire team
QUESTION 6: In the context of mediation, what is "shuttle diplomacy"?
When the parties meet in a neutral location to talk
When the mediator acts as an intermediary, transmitting messages between the parties to ensure accurate interpretation
When the mediator imposes a temporary solution
When the conflict is resolved in a single session
QUESTION 7: Who are considered the final arbiters in the legal system?
The lawyers for the parties
Professional mediators
Human resources managers
The judges
QUESTION 8: What is essential for a person without professional training to be able to act as a mediator or arbitrator in certain circumstances?
Maintain objectivity and seek a result that is equitable and respectful for all
Personally meet those involved
Have a position of authority over the parties
Have specific legal training
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