Module 4 Assessment Quiz | CAM

Q1 Part 1: Mediation Act

Under the Mediation Act 2023, what is the maximum duration for completing a mediation including extensions?

A.90 days B.120 days C.180 days D.365 days

Explanation

Under Section 18, mediation must be completed within 120 days, which can be extended by 60 days with party consent, making the maximum total 180 days.

Q2 Part 1: Mediation Act

Which of the following disputes is explicitly excluded from mediation under Section 6 of the Mediation Act 2023?

A.Commercial contract disputes B.Criminal prosecution matters C.Employment disputes D.Property disputes between family members

Explanation

Criminal proceedings are explicitly excluded under Section 6 of the Mediation Act 2023. Other excluded matters include tax disputes, fraud allegations, and compulsory acquisition cases.

Q3 Part 2: Process

During which stage of mediation does the mediator help parties move from positions to underlying interests?

A.Information Gathering and Issue Identification B.Opening Session C.Pre-Mediation Preparation D.Closure

Explanation

The Information Gathering and Issue Identification stage is where the mediator explores beyond stated positions to understand underlying interests, needs, and concerns through questioning and active listening.

Q4 Part 3: Ethics

Scenario

A mediator discovers during mediation that she previously provided legal advice to one of the parties on an unrelated matter three years ago. She did not disclose this at the start.

What should the mediator do?

A.Continue without disclosure as it was unrelated B.Immediately terminate the mediation C.Disclose only to the party she previously advised D.Disclose to both parties immediately and allow them to decide whether to continue

Explanation

Under Section 10, the mediator has a continuing duty to disclose any circumstances that might raise doubts about impartiality. Disclosure must be made to all parties, who can then decide whether to waive the conflict and continue.

Q5 Part 3: Ethics

Which of the following best describes the difference between neutrality and impartiality for a mediator?

A.They are the same concept with no practical difference B.Neutrality relates to process; impartiality relates to outcome C.Neutrality means no stake in outcome; impartiality means fair treatment of parties D.Impartiality is required; neutrality is optional

Explanation

Neutrality means the mediator has no stake in the outcome - no interest in any particular resolution. Impartiality means treating both parties fairly and equally in the conduct of the process. Both are required.

Q6 Part 4: Techniques

Which mediation technique involves restating a party's adversarial statement in neutral, non-blaming language?

A.Active listening B.Reframing C.Reality testing D.Caucusing

Explanation

Reframing transforms adversarial statements into neutral problem statements. For example, "They cheated us" becomes "You're concerned about fairness in how this was handled." This shifts focus from blame to problem-solving.

Q7 Part 4: Techniques

What rule applies to information shared by a party during a caucus (private session)?

A.It is confidential unless the party authorizes disclosure B.It must be shared with the other party for fairness C.It becomes part of the mediation record automatically D.It can be disclosed at the mediator's discretion

Explanation

Caucus information is confidential to that party. The mediator must always ask permission before sharing: "May I share this with the other party?" Breaching caucus confidentiality destroys trust and the mediation itself.

Q8 Part 5: Settlements

Under Section 27 of the Mediation Act 2023, a mediated settlement agreement is enforceable as:

A.A simple contract requiring a fresh suit for enforcement B.An arbitral award under the Arbitration Act C.A non-binding recommendation D.A judgment or decree of a court

Explanation

Section 27 provides that a mediated settlement agreement is enforceable as if it were a judgment or decree of a court. This is a major development - no fresh suit is needed for enforcement.

Q9 Part 5: Settlements

Within how many days can a mediated settlement agreement be challenged under Section 29?

A.30 days B.90 days C.180 days D.One year

Explanation

Under Section 29, a challenge to a mediated settlement agreement must be filed within 90 days of receiving the settlement agreement, on limited grounds such as fraud, corruption, or impersonation.

Q10 Part 4: Techniques

Scenario

During mediation, one party insists on Rs. 1 crore compensation and refuses to budge. The mediator wants to help the party evaluate this position realistically.

Which technique should the mediator use?

A.Reframing the demand as a need for fairness B.Telling the party their demand is unreasonable C.BATNA analysis - asking about alternatives if mediation fails D.Immediately calling a caucus with the other party

Explanation

BATNA (Best Alternative to Negotiated Agreement) analysis helps parties evaluate their positions by considering what happens if mediation fails. Questions like "What will litigation cost?" and "How long will it take?" help parties realistically assess their demands.

Module 4: Mediation Law & Practice

Instructions