QUESTION 1

1. Mediation is characterized by which of the following techniques?

   		Getting the parties to listen to each others concerns and understand each others arguments
   		Issuing a binding legal opinion that cannot be challenged in court.
   		Reaching a negotiated settlement without the assistance of a neutral third party.
   		Conducting a mock trial to facilitate the discovery process.

2. OPG Ltd. was experiencing severe difficulties in obtaining the steel girders needed to complete the construction of a stadium. The girders could only be obtained from a foreign supplier at a premium price. OPG threatened to abandon the project unless the owner of the stadium paid it an extra $100,000 to compensate for the premium price OPG would have to pay for the girders. How can a promise by the stadium owner to pay an extra $100,000 be legally enforced?

The promise can be enforced if the original contract between the stadium owner and OPG is amended to include the extra $100,000.

The promise cannot be enforced in Canada because the actions of OPG amount to extortion.

The promise can be enforced if the original contract between OPG and the owner of the stadium is under seal.

The promise can be enforced by having OPG complete the stadium 2 weeks early in return for the extra $100,000.

Question 3: Which of the following is a protected right under the Charter?

		the right to be tried for an offence within a reasonable time
		the right to obtain legal aid on being charged with a criminal offence
		the right not to subjected to any cruel and unusual treatment or punishment
		the right to be tried for an offence within a reasonable time and the right not to subjected to any cruel and unusual treatment or punishment

Abel and Baker decide to resolve their dispute without hiring a neutral third party to help. Abel offers $5,000 to Baker to end the dispute and Baker accepts this offer. Which of the following statements is true?

		Abel and Baker conducted a minitrial.
		Abel and Baker mediated their dispute.
		Abel and Baker negotiated a settlement.
		Abel arbitrated the dispute and issued an award.