A Mediator Should Enter a Negotiation When

question 106

Multiple Choice

A mediator should enter a negotiation when

• A)personal differences are detected.
• B)the parties are only talking for short periods of time and tension is rising.
• C)the parties are unable to find a solution.
• D)a quick resolution is desired but not imperative.

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Definitions:

Preexisting Duty

A promise to do something that one is already obligated to do. It is not considered valid consideration.

Unforeseen Circumstances

Events or situations that could not have been predicted and often cause a change in plans or necessitate a response.

Illusory Promise

An illusory promise is a statement that resembles a promise but does not actually commit the speaker to any action or obligation, making it unenforceable as a contract.

Preexisting Duty

An obligation that a party is already legally required to perform, which cannot serve as valid consideration for a new contract.