Competition Components
Client Counseling
From Our Resources
Information Gathering
Potpourri
100

These are available to one side, NOT the other side, and provide background information, special issues, and party motivations



Confidential facts

100

What document do you give the clients at the end of the initial consultation?

Engagement letter

100

What is the first thing that happens when a mediation round starts? 

Mediator opening statement

100

What is a common and preferred technique for information gathering that involves drilling into a specific issue?

Funneling

100

What is the closest thing to "criminal mediation" that we have discussed?

Restorative justice

200

What are the characteristics of an agenda?

Memorable, functional, and prioritized

200

Name two of the four types of fee provisions in the Stetson Elder Law Client Counseling Competition

Hourly, Contingency, Hardship, Retainer

200

What does ZOPA stand for and what does it mean?

Zone of Possible Agreement

Where the parties have common interests and could reach a mutual solution 

200

Name an information gathering technique that involves something other than asking questions.

Strategic use of silence

Timeline

Demonstration

200

Name a legal issue that has consistently come up in our landlord-tenant client counseling and mediation fact patterns.

Implied Warranty of Habitability
Constructive Eviction

300

Name two reasons to call a caucus.

  1. You are at an impasse and need to come up with a solution

  2. You are confused and need clarification

  3. There has been too much awkward silence and you need a change of pace

  4. You are rounding out the agreement and want to make sure everything is solid 

300

What does GUIGIMI stand for?

Goals, Underlying Intrests, Group Issues, Mutual Issues

300

What is the purpose of asking open-ended questions in information-gathering?

To prevent assumptions from limiting the amount of information gathered - an open ended question can bring information in that you would not have otherwise asked about, but is relevant.

300

An eight letter word that is a purpose of information-gathering

ADVOCACY

300

What category was worth more than explanation of the law in our client counseling competition scoring?

Professional Responsibility and Ethical Judgment

400

Explain the scoring category of "using the mediator"

Getting the mediator involved and being strategic with how the mediator is brought into the conversation, this is often a scoring category involved when someone calls a caucus.

400

Who should you notify if your client indicates a potential for elder exploitation?

Florida Bar Ethics Hotline, Appropriate authorities, law enforcement / State Attorney's Office

400

What concept should mediators keep in mind when considering how or how much to guide parties toward a certain resolution?

Party self-determination

400

What are the five types of questions in an initial client interview?

Open

Follow up

Closed

Leading

Summary

400

What term in a mediation report filed with a court requires the court to proceed past court-ordered mediation and to the next phase of litigation?

Impasse

NOT adjournment

500

You have ten minutes left in the mediation round and no team has called a caucus. Explain the pros and cons of calling a caucus vs not calling a caucus. What do you decide, and why?

Pros - using the mediator scoring, could break impasse, could be a final clarifier before reaching agreement

Cons - time is short, we might not need it, it might break momentum

Justify your choice.

500

Name the three ways to navigate incapacity that we focused on at the Stetson Elder Law Client Counseling Competition.

Power of attorney, guardianship, conservatorship

500

What are the five SCARF Drivers?

Status

Certainty

Autonomy

Relatedness

Fairness

500

What are the four types of questions in the S Questions Model?

Subject Matter

Structure

Seeking 

Shift

500

What section of Florida statutes dictates court-mandated mediation? (I'll award half the points for the chapter number)

ยง 44.102 Fla. Stat.