Individual family members have been assisted in resolving disputes

Individual family members have been assisted in
resolving disputes arising from divorce or separation,
property division, or financial arrangements, through
court-connected family mediation programs, which
(5) differ significantly from court adjudication. When
courts use their authority to resolve disputes by
adjudicating matters in litigation, judges’ decisions
are binding, subject only to appeal. Formal rules
govern the procedure followed, and the hearings are
(10) generally open to the public. In contrast, family
mediation is usually conducted in private, the process
is less formal, and mediators do not make binding
decisions. Mediators help disputing parties arrive at a
solution themselves through communication and
(15) cooperation by facilitating the process of negotiation
that leads to agreement by the parties.

Supporters of court adjudication in resolving
family disputes claim that it has numerous advantages
over family mediation, and there is some validity to
(20) this claim. Judges’ decisions, they argue, explicate
and interpret the broader social values involved in
family disputes, and family mediation can neglect
those values. Advocates of court adjudication also
argue that since the dynamics of power in disputes
(25) are not always well understood, mediation, which is
based on the notion of relatively equal parties, would
be inappropriate in many situations. The court system,
on the other hand, attempts to protect those at a
disadvantage because of imbalances in bargaining
(30) power. Family mediation does not guarantee the full
protection of an individual’s rights, whereas a goal of
the court system is to ensure that lawyers can secure
all that the law promises to their clients. Family
mediation also does not provide a formal record of
(35) the facts and principles that influence the settlement
of a dispute, so if a party to a mediated agreement
subsequently seeks modification of the judgment, the
task of reconstructing the mediation process is
especially difficult. Finally, mediated settlements
(40) divert cases from judicial consideration, thus
eliminating the opportunity for such cases to refine
the law through the ongoing development of legal
precedent.

But in the final analysis, family mediation is
(45) better suited to the unique needs of family law than is
the traditional court system. Proponents of family
mediation point out that it constitutes a more efficient
and less damaging process than litigation. By working
together in the mediation process, family members
(50) can enhance their personal autonomy and reduce
government intervention, develop skills to resolve
future disputes, and create a spirit of cooperation that
can lead to greater compliance with their agreement.
The family mediation process can assist in resolving
(55) emotional as well as legal issues and thus may reduce
stress in the long term. Studies of family mediation
programs in several countries report that the majority
of participants reach a full or partial agreement and
express positive feelings about the process, perceiving
(60) it to be more rational and humane than the court
system.

1. Which one of the following most accurately expresses the main point of the passage?

(A) Recent studies show that family mediation is preferred by family members for resolving family disputes because it is more rational and humane than the court adjudication process.
(B) Even though a majority of participants in family mediation programs are satisfied with the settlements they reach, the use of court adjudication in resolving family disputes has several advantages over the use of mediation.
(C) When given the option, family members involved in disputes have typically elected to use family mediation rather than court adjudication to settle their disputes.
(D) While court adjudication of family disputes has certain advantages, family mediation serves the needs of family members better because it enhances autonomy and encourages greater communication and cooperation in reaching an agreement.
(E) Although supporters of court adjudication argue that family mediation does not contribute to the development and refinement of legal precedent, they fail to recognize that most family disputes can be resolved without appeal to legal precedents.


2. Which one of the following most accurately expresses the primary purpose of the sentence at lines 30–33?

(A) to illustrate that court adjudication can have certain benefits that family mediation may lack
(B) to present material that reveals the inherent limitations of the court adjudication model
(C) to prove that the assumptions implicit in court adjudication and family mediation are irreconcilable
(D) to present an alternative judicial option that combines the benefits of both court adjudication and family mediation
(E) to suggest that lawyers are essential for the protection of individual rights during disputes


3. Based on the passage, which one of the following relationships is most analogous to that between the mediator and the family members involved in a dispute?

(A) A labor relations specialist assists a group of auto assembly workers and the plant’s management in reaching an agreeable salary increase for the workers.
(B) A drama teacher decides on the school’s annual production based on the outcome of a majority vote by the student body.
(C) A group director solicits feedback from staff prior to implementing a new computer system designed to be more efficient.
(D) An administrative assistant records the minutes of an office meeting in order to improve interoffice communications.
(E) A judge meets privately with the opposing counsel of two parties after rendering a decision in a case.


4. According to the passage, proponents of family mediation note that the family mediation process

(A) is more time-consuming than court adjudication
(B) almost always results in full agreement among the parties
(C) attempts to protect those at a disadvantage because of unequal bargaining power
(D) is most effective in resolving disputes involved in divorce and separation
(E) helps develop the conflict-resolving skills of the parties in a dispute


5. It can most reasonably be inferred from the passage that the author would agree with which one of the following statements regarding the differences between court adjudication and family mediation?

(A) The differences are minimal and would rarely lead to substantially different settlements of similar disputes.
(B) The two processes are so different that the attitudes of the participants toward the outcomes reached can vary significantly depending on which process is used.
(C) The main difference between family mediation and court adjudication is that while family mediation is less damaging, court adjudication is more efficient.
(D) Family mediation led by expert mediators differs much less from court adjudication than does mediation led by mediators who have less expertise.
(E) While family mediation differs significantly from court adjudication, these differences do not really make one or the other better suited to the needs of family law.


6. According to the passage, proponents of court adjudication of family disputes would be most likely to agree with which one of the following?

(A) Court adjudication of family disputes usually produces a decision that satisfies all parties to the dispute equally.
(B) Family mediation fails to address the underlying emotional issues in family disputes.
(C) Settlements of disputes reached through family mediation are not likely to guide the resolution of similar future disputes among other parties.
(D) Court adjudication presumes that the parties to a dispute have relatively equal bargaining power.
(E) Court adjudication hearings for family disputes should always be open to the public.


7. The author’s primary purpose in the passage is to

(A) document the evolution of a particular body of law and its various conflict-resolution processes
(B) describe how societal values are embedded in and affect the outcome of two different processes for resolving disputes
(C) explain why one method of conflict resolution is preferable to another for a certain class of legal disputes
(D) show how and why legal precedents in a certain branch of the law can eventually alter the outcomes of future cases
(E) demonstrate that the court system too often disregards the needs of individuals involved in disputes