Uniform Mediation Act Quiz

1.
  a. Yes, under 2710.01(A) the mediator can evaluate parties' cases.
  b. No, under 2710.02(B)(3) a judge may not mediate.
  c. No, the UMA does not allow retired judges to mediate.
  d. No, parties should not think about going to court when they mediate.
 
2.
  a. No, mediations done by schools are not mediations under 2710.02(B)(4).
  b. No, they weren't referred by a judge as in Section 2710.02(A)(1).
  c. No, email is not a proper record under 2710.02(A)(2).
  d. Yes, under 2710.02(A)(2) parties can agree in a record to mediate.
 
3.
  a. Under 2710.01(B), Joe can testify about the scar, but Mike can not. Neither can say anything about the tattoo.
  b. Under 2710.01(B), Joe can testify about the communication of the scar if he waives his privilege, but Mike and the mediator can not. No one can say anything about the tattoo.
  c. Under 2710.3(C), anyone can testify about the scar or the tattoo.
  d. Under 2710.01(B), Mike or Joe can testify about the communication of the scar if Joe waives his privilege. Anyone can testify about the tattoo.
 
4.
  a. Yes, under 2710.03(C) Anna and Steve can testify about what the appraiser said because they can get that information from somewhere else outside of the mediation.
  b. No, under 2710.03(B)(3) the appraiser has the power to not testify and to block anyone else from saying what he said in mediation.
  c. Yes, under 2710.03(B)(1) a mediation party has the power to testify about anything.
  d. No, but under 2710.06 the mediator may tell the court what the appraiser said.
 
5.
  a. Under 2710.02(C) Anna and Steve need to ask the appraiser after he appears in mediation if it is all right with him.
  b. Under 2710.02(C) Anna and Steve need to get a verbal agreement from the appraiser in advance that the mediation session in which the appraiser is present will not be privileged.
  c. Under 2710.07 Anna and Steve need to agree that the appraiser's advice won't be confidential.
  d. Under Section 2710.02 (C), Anna and Steve and the appraiser need to agree in a signed record in advance that the mediation session in which the appraiser is present will not be privileged.
 
6.
  a. Under 2710.03(B)(1), Anna can block Steve's testimony.
  b. Under 2710.04(B), Steve must be allowed to respond to Anna's allegation that he said he didn't want custody, but can't respond to her allegation that he said he was going to move out of state.
  c. Under 2710.04(B), Steve must be allowed to respond only to Anna's allegations.
  d. Under 2710.04(B), Steve can respond to both allegations and bring up what Anna said in mediation also.
 
7.
  a. Under 2710.05(A)(7), the mediator can testify about what Debbie said in divorce court, the mediator can tell child protective services, and it doesn't matter whether or not a caseworker is present in mediation.
  b. Under 2710.05(A)(7), the mediator can't testify about what Debbie said in divorce court, the mediator can tell child protective services, and it doesn't matter whether or not a caseworker is present in mediation.
  c. Under 2710.05(A)(7), the mediator can't testify about what Debbie said in divorce court unless a caseworker is present in mediation. Under 2710.06(B)(3) the mediator can tell child protective services.
  d. Under 2710.05(A)(7), child abuse is always an exception, and the mediator can testify about it.
 
8.
  a. Ellen should do nothing, since 2710.08(G) says she must be impartial.
  b. Under 2710.08(A) (1), Ellen should ask Dan and Carol before the mediation about possible areas that might affect her impartiality, but during the mediation she doesn't need to do anything.
  c. Under 2710.08(A) (1), Ellen must tell Dan and Carol before the mediation about possible areas that might affect her impartiality, and if she learns about something during the mediation, she must tell them under 2710.08(B).
  d. Under 2710.09, Ellen should withdraw as mediator.
 
9.
  a. No, under 2710.01(C) the mediator is the one who conducts the mediation, and he or she is in control of who comes in.
  b. Yes, under 2710.09 a party can bring a lawyer even if he has already signed a waiver saying he wouldn't. He can only bring a lawyer though, even if he would rather bring in a friend whose judgement he trusts.
  c. Yes, under 2710.09 a party can bring a lawyer even if he has already signed a waiver saying he wouldn't. Or if he prefers, he can bring in someone else to the mediation.
  d. No, employment contracts are more important than mediation law.
 
10.
  a. Nothing, Karen has the right to talk to the media whenever she wants.
  b. The restaurant should suggest that it and Karen sign an agreement that neither of them will talk to the media about the case. Section 2710.07 says that this type of confidentiality agreement is valid under the UMA.
  c. The restaurant should suggest that Karen sign a paper saying she won't talk to the media, but leave itself open in case it wants to do so. Section 2710.07 says that this type of agreement is valid under the UMA.
  d. The restaurant should leave mediation, the public nature of it will only hurt its case.