PrepTest 130, Section 3, Question 10

Must Be TrueDifficulty1 of 5
The questionFull text in your LawHub copy of PrepTest 130

Only people who are willing to compromise should(32 more words not shown)

If the statements above are(10 more words not shown)

Reading the argument

There are two separate requirements here. To be someone who should use mediation, you must be willing to compromise. To be someone who should pursue litigation, you must be sure that your position is correct. Meeting either requirement isn't described as a guarantee that you should use that method.

Now connect the last sentence to the first. People whose conflicts are based on ideology are unwilling to compromise. If the process requires willingness to give something up, someone unwilling to do that fails the stated requirement. Those people therefore should not undergo mediation to resolve their conflicts. That's a connection we can use for this must-be-true question.

What we’re looking for

The litigation rule hasn't joined the chain. Nothing says that everyone excluded from mediation should go to court instead, or that certainty about being right prevents compromise.

Working the answers

  • A

    Not using mediation doesn't mean someone should litigate. There could be other ways to resolve the conflict, or the person might pursue neither option. The certainty requirement applies to people who should pursue litigation, not to everyone who doesn't undergo mediation.

  • B

    We aren't given a rule for conflicts that aren't ideological. Someone with such a conflict might still be unwilling to compromise for another reason. And even willingness to compromise wouldn't establish that the person should pursue litigation. We would need information the passage doesn't provide.

  • C

    Ideology is connected to unwillingness to compromise, not to uncertainty about being right. The people described might all be certain of their positions. Nothing in the passage establishes the lack of certainty this answer requires.

  • D

    Someone can feel sure of being right and still be willing to offer a compromise. Imagine saying, 'I believe my position is correct, but I'm willing to give something up so we can resolve this.' The two attitudes can coexist. The passage doesn't make certainty a reason to exclude someone from mediation.

  • E
    Correct

    These people are unwilling to compromise because their conflicts are based on ideology. Only people willing to compromise should undergo mediation. Since they lack that required willingness, they are not people who should use mediation to resolve their conflicts. This follows by connecting the first and third statements; the litigation statement is not needed.

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