Q.1 What is the primary goal of mediation?
To punish the guilty party
To resolve disputes amicably
To enforce strict legal rules
To delay the dispute resolution process
Explanation - The main aim of mediation is to help parties reach a mutual agreement through dialogue rather than confrontation.
Correct answer is: To resolve disputes amicably
Q.2 Which of the following is NOT a feature of mediation?
Voluntary participation
Neutral third-party involvement
Binding court judgment
Confidential discussions
Explanation - Mediation does not involve a binding judgment by a court; instead, the parties voluntarily agree to a solution.
Correct answer is: Binding court judgment
Q.3 Conciliation is primarily focused on:
Resolving disputes through litigation
Facilitating negotiations between parties
Issuing punishments for violations
Making unilateral decisions for parties
Explanation - Conciliation encourages dialogue and assists parties in resolving disputes through mutual understanding.
Correct answer is: Facilitating negotiations between parties
Q.4 Which law in India governs mediation and conciliation?
Indian Penal Code
Arbitration and Conciliation Act, 1996
Evidence Act, 1872
Companies Act, 2013
Explanation - Mediation and conciliation are primarily governed under the Arbitration and Conciliation Act, 1996 in India.
Correct answer is: Arbitration and Conciliation Act, 1996
Q.5 A mediator must be:
A lawyer only
A neutral third party
An expert in criminal law
A government official
Explanation - A mediator's role is to remain impartial and facilitate communication between disputing parties.
Correct answer is: A neutral third party
Q.6 Mediation is considered what type of dispute resolution method?
Adversarial
Alternative
Mandatory
Punitive
Explanation - Mediation is part of Alternative Dispute Resolution (ADR) methods, offering a non-adversarial way to resolve conflicts.
Correct answer is: Alternative
Q.7 Which characteristic is unique to conciliation compared to mediation?
The conciliator may propose solutions
The process is completely informal
It requires a court's approval
The conciliator acts as a judge
Explanation - Unlike mediators, conciliators can suggest solutions to help parties reach an agreement.
Correct answer is: The conciliator may propose solutions
Q.8 Confidentiality in mediation ensures that:
Only the court knows the details
Discussions remain private between parties
The mediator reports to the government
All proceedings are publicly available
Explanation - Confidentiality builds trust and encourages open communication during mediation.
Correct answer is: Discussions remain private between parties
Q.9 What happens if mediation fails?
The dispute automatically resolves
The case goes to litigation or arbitration
The mediator issues a binding decision
The parties are fined
Explanation - If mediation fails, parties may pursue other legal remedies like litigation or arbitration.
Correct answer is: The case goes to litigation or arbitration
Q.10 Mediation is often preferred because it is:
Time-consuming and costly
Faster and less expensive
Mandatory by law
Always binding on parties
Explanation - Mediation is known for being quicker and more cost-effective than court litigation.
Correct answer is: Faster and less expensive
Q.11 Which party decides the outcome in mediation?
Mediator
Judge
The disputing parties
The government
Explanation - In mediation, the disputing parties themselves decide the outcome through mutual agreement.
Correct answer is: The disputing parties
Q.12 What is a key benefit of conciliation?
It always results in a legally binding judgment
It improves relationships between disputing parties
It eliminates the need for a neutral party
It focuses only on financial compensation
Explanation - Conciliation encourages cooperation, which helps maintain relationships after resolving disputes.
Correct answer is: It improves relationships between disputing parties
Q.13 Which of these is a stage in the mediation process?
Investigation
Presentation of judgment
Opening statements by parties
Appeal filing
Explanation - At the start of mediation, each party provides an opening statement to present their viewpoint.
Correct answer is: Opening statements by parties
Q.14 The main difference between arbitration and mediation is:
Mediation involves a binding decision, arbitration does not
Arbitration results in a binding decision, mediation does not
Both processes are binding on parties
Neither process is legally recognized
Explanation - Arbitration ends with a binding award, while mediation focuses on mutual agreement without binding force.
Correct answer is: Arbitration results in a binding decision, mediation does not
Q.15 Conciliation is usually:
Formal and rigid
Informal and flexible
Mandatory by law
Focused on criminal cases only
Explanation - Conciliation is designed to be informal, allowing for open dialogue and flexible solutions.
Correct answer is: Informal and flexible
Q.16 What skill is most important for a mediator?
Public speaking
Legal drafting
Active listening
Enforcement skills
Explanation - Mediators need strong active listening skills to understand and facilitate communication between parties.
Correct answer is: Active listening
Q.17 In India, Lok Adalats primarily use:
Arbitration
Mediation and conciliation
Strict litigation
Criminal investigation
Explanation - Lok Adalats emphasize mediation and conciliation to settle disputes outside formal courts.
Correct answer is: Mediation and conciliation
Q.18 Which type of disputes are best suited for mediation?
Criminal cases involving violence
Family and commercial disputes
Constitutional interpretation cases
Election disputes
Explanation - Mediation works well for disputes where relationships need to be preserved, such as family or business matters.
Correct answer is: Family and commercial disputes
Q.19 Mediation focuses on:
Determining guilt
Problem-solving and mutual agreement
Creating new laws
Collecting evidence for trial
Explanation - The mediation process is collaborative, aiming to solve problems rather than assign blame.
Correct answer is: Problem-solving and mutual agreement
Q.20 Which principle is fundamental to both mediation and conciliation?
Neutrality
Punishment
Government intervention
Enforcement by police
Explanation - Neutrality ensures that the mediator or conciliator does not favor any party.
Correct answer is: Neutrality
Q.21 Mediation agreements are usually:
Enforced by police immediately
Voluntary and based on mutual consent
Unchangeable by any court
Created only by the mediator
Explanation - Mediation outcomes depend on the willingness of both parties to agree.
Correct answer is: Voluntary and based on mutual consent
Q.22 When parties choose mediation, they are opting to:
Fight in court
Negotiate with the help of a neutral facilitator
Accept a binding judgment
Involve the police
Explanation - Mediation involves guided negotiations with a mediator helping the process.
Correct answer is: Negotiate with the help of a neutral facilitator
Q.23 In conciliation, the conciliator's role is to:
Decide the outcome like a judge
Suggest possible solutions and guide parties
Represent one party's interests
Issue legal penalties
Explanation - Conciliators actively propose solutions while remaining neutral.
Correct answer is: Suggest possible solutions and guide parties
Q.24 A successful mediation process ends with:
A mutually acceptable agreement
A strict court order
One party winning completely
The mediator enforcing a penalty
Explanation - The goal of mediation is a resolution that satisfies all parties involved.
Correct answer is: A mutually acceptable agreement