Question 1

How many countries currently belong to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards?

Accepted Answer

A)  34 
B)  47 
C)  73 
D)  112 
A)  34 
B)  47 
C)  73 
D)  112

Question 2

Which of the following is a difference between arbitration and minitrials?

Accepted Answer

A)  The disputants are not represented by legal counsel in a minitrial, unlike in arbitration. 
B)  The parties are more likely to be involved in direct communication during arbitration than in minitrials. 
C)  The neutral party in arbitration is appointed by a court, but they are selected by the disputants in a minitrial. 
D)  The neutral adviser in minitrials provides an opinion on the case, whereas the arbitrator delivers a binding decision. 
A)  The disputants are not represented by legal counsel in a minitrial, unlike in arbitration. 
B)  The parties are more likely to be involved in direct communication during arbitration than in minitrials. 
C)  The neutral party in arbitration is appointed by a court, but they are selected by the disputants in a minitrial. 
D)  The neutral adviser in minitrials provides an opinion on the case, whereas the arbitrator delivers a binding decision.

Question 3

Which of the following statements is true about arbitration?

Accepted Answer

A)  Arbitration is less efficient than litigation. 
B)  An official record of the arbitration hearing is always made to check for discrepancies. 
C)  An arbitrator can question the witness for information. 
D)  A legal counsel is required in arbitration. 
A)  Arbitration is less efficient than litigation. 
B)  An official record of the arbitration hearing is always made to check for discrepancies. 
C)  An arbitrator can question the witness for information. 
D)  A legal counsel is required in arbitration.

Question 4

is the resolution of a dispute by a neutral third party outside the judicial setting.

Accepted Answer

A)  Mediation 
B)  Negotiation 
C)  Early neutral case evaluation 
D)  Arbitration 
A)  Mediation 
B)  Negotiation 
C)  Early neutral case evaluation 
D)  Arbitration

Question 5

Usually, a submission agreement will specify all but which of the following conditions?

Accepted Answer

A)  how the arbitrator will be selected 
B)  the nature of the dispute 
C)  whether a mediator will render a preliminary judgment 
D)  any constraints on the arbitrator's authority to remedy the dispute 
A)  how the arbitrator will be selected 
B)  the nature of the dispute 
C)  whether a mediator will render a preliminary judgment 
D)  any constraints on the arbitrator's authority to remedy the dispute

Question 6

Which of the following is a difference between arbitration and litigation?

Accepted Answer

A)  Arbitration is conducted in a judicial setting, whereas litigation is not. 
B)  A judge's decision is more likely to be a compromise than an arbitrator's decision. 
C)  The prehearing discovery phase is longer in arbitration than in litigation. 
D)  An arbitrator takes a more active role in questioning a witness than would a judge. 
A)  Arbitration is conducted in a judicial setting, whereas litigation is not. 
B)  A judge's decision is more likely to be a compromise than an arbitrator's decision. 
C)  The prehearing discovery phase is longer in arbitration than in litigation. 
D)  An arbitrator takes a more active role in questioning a witness than would a judge.

Question 7

Mediation is a process by which the parties to a dispute come together informally, either with or without their lawyers, and attempt to resolve their dispute. No independent or neutral third party is involved.

Accepted Answer

A) True 
 B)False

Question 8

Which of the following is the least adversarial of the formal methods of dispute resolution?

Accepted Answer

A)  mediation 
B)  arbitration 
C)  private trial 
D)  summary jury trial 
A)  mediation 
B)  arbitration 
C)  private trial 
D)  summary jury trial

Question 9

Which of the following is a difference between minitrials and private trials?

Accepted Answer

A)  Minitrials offer jury services, whereas private trials do not. 
B)  Private trials ensure confidentiality, whereas minitrials do not. 
C)  The neutral party reports findings of facts to a court in minitrials, but not in private trials. 
D)  Private trials require a greater degree of direct communication between disputants than minitrials. 
A)  Minitrials offer jury services, whereas private trials do not. 
B)  Private trials ensure confidentiality, whereas minitrials do not. 
C)  The neutral party reports findings of facts to a court in minitrials, but not in private trials. 
D)  Private trials require a greater degree of direct communication between disputants than minitrials.

Question 10

In , the neutral third party makes no final decision.

Accepted Answer

A)  mediation 
B)  arbitration 
C)  private trials 
D)  summary jury trials 
A)  mediation 
B)  arbitration 
C)  private trials 
D)  summary jury trials

Question 11

An arbitrator's decision is much more likely to be a compromise than a decision handed down by a court.

Accepted Answer

A) True 
 B)False

Question 12

Who has settlement authority in a minitrial?

Accepted Answer

A)  senior executives of the disputing corporations 
B)  the attendant trial court judge 
C)  the attendant appellate court judge 
D)  the minijury 
A)  senior executives of the disputing corporations 
B)  the attendant trial court judge 
C)  the attendant appellate court judge 
D)  the minijury

Question 13

The jurors of a summary jury trial are not usually aware that their decision does not have a binding effect.

Accepted Answer

A) True 
 B)False

Question 14

Which of the following is common between a minitrial and a summary jury trial?

Accepted Answer

A)  The judgment delivered by the neutral party is binding on both the parties. 
B)  The neutral party delivers a binding judgment if the parties are not able to reach an agreement. 
C)  The disputing parties confer to reach a settlement after the verdict has been delivered. 
D)  The jurors are selected by the disputants in both these methods of dispute resolution. 
A)  The judgment delivered by the neutral party is binding on both the parties. 
B)  The neutral party delivers a binding judgment if the parties are not able to reach an agreement. 
C)  The disputing parties confer to reach a settlement after the verdict has been delivered. 
D)  The jurors are selected by the disputants in both these methods of dispute resolution.

Question 15

The Federal Mediation and Conciliation Service provides early neutral case evaluation.

Accepted Answer

A) True 
 B)False

Question 16

An arbitrator's decision is called an award only if monetary compensation is ordered.

Accepted Answer

A) True 
 B)False

Question 17

Arnold is the in-house counsel of Frankin, Inc., a wealthy corporation that is facing a dispute with a consumer. The allegations made by the consumer can be potentially damaging for the corporation. The directors of Frankin want to avoid a trial in court. However, they are likely to get a judgment in their favor as they have a strong case. If Arnold feels that an educated jury will be favorably disposed toward Frankin, Inc., which of the following alternative methods of dispute resolution should he recommend?

Accepted Answer

A)  private trial 
B)  arbitration 
C)  mediation 
D)  summary jury trial 
A)  private trial 
B)  arbitration 
C)  mediation 
D)  summary jury trial

Question 18

Alice and Mary are the two parties in a dispute. They have recently gone through the process of mediation, but Alice is unhappy with the results and wants to go through arbitration. Which of the following statements is true of this scenario?

Accepted Answer

A)  The parties decide whether to allow what transpired during mediation to be permitted as evidence in arbitration. 
B)  The mediator of this dispute must become the arbitrator as well. 
C)  Mary can select the arbitrator if Alice wants to go through arbitration. 
D)  The arbitrator can provide a decision that is binding on both Alice and Mary. 
A)  The parties decide whether to allow what transpired during mediation to be permitted as evidence in arbitration. 
B)  The mediator of this dispute must become the arbitrator as well. 
C)  Mary can select the arbitrator if Alice wants to go through arbitration. 
D)  The arbitrator can provide a decision that is binding on both Alice and Mary.

Question 19

Which of the following statements is true of a submission agreement?

Accepted Answer

A)  It is a binding clause in a contract mandating all disputes to be settled by arbitration. 
B)  It specifies the nature of the dispute and how the arbitrator will be selected. 
C)  It is an agreement stating that both parties agree to abide by the mediator's decision. 
D)  It is an agreement provided in court stating how contract disputes are to be settled. 
A)  It is a binding clause in a contract mandating all disputes to be settled by arbitration. 
B)  It specifies the nature of the dispute and how the arbitrator will be selected. 
C)  It is an agreement stating that both parties agree to abide by the mediator's decision. 
D)  It is an agreement provided in court stating how contract disputes are to be settled.

Question 20

Andrew is a mediator with a dispute resolution firm. He has been selected to mediate a dispute between two corporations. Which of the following statements is true of his powers?

Accepted Answer

A)  Andrew can reach a judgment that will be binding on both parties. 
B)  Andrew can make a final decision that will be used as evidence by a court. 
C)  Andrew can help the disputants draft an agreement that will be binding. 
D)  Andrew can deliver a binding judgment only if the parties do not reach an agreement. 
A)  Andrew can reach a judgment that will be binding on both parties. 
B)  Andrew can make a final decision that will be used as evidence by a court. 
C)  Andrew can help the disputants draft an agreement that will be binding. 
D)  Andrew can deliver a binding judgment only if the parties do not reach an agreement.

Exam 4: Alternative Tools of Dispute Resolution

How many countries currently belong to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards?

Which of the following is a difference between arbitration and minitrials?

Which of the following statements is true about arbitration?

is the resolution of a dispute by a neutral third party outside the judicial setting.

Usually, a submission agreement will specify all but which of the following conditions?

Which of the following is a difference between arbitration and litigation?

Mediation is a process by which the parties to a dispute come together informally, either with or without their lawyers, and attempt to resolve their dispute. No independent or neutral third party is involved.

Which of the following is the least adversarial of the formal methods of dispute resolution?

Which of the following is a difference between minitrials and private trials?

In , the neutral third party makes no final decision.

An arbitrator's decision is much more likely to be a compromise than a decision handed down by a court.

Who has settlement authority in a minitrial?

The jurors of a summary jury trial are not usually aware that their decision does not have a binding effect.

Which of the following is common between a minitrial and a summary jury trial?

The Federal Mediation and Conciliation Service provides early neutral case evaluation.

An arbitrator's decision is called an award only if monetary compensation is ordered.

Alice and Mary are the two parties in a dispute. They have recently gone through the process of mediation, but Alice is unhappy with the results and wants to go through arbitration. Which of the following statements is true of this scenario?

Which of the following statements is true of a submission agreement?

Andrew is a mediator with a dispute resolution firm. He has been selected to mediate a dispute between two corporations. Which of the following statements is true of his powers?

Critical Thinking and Legal Reasoning

Introduction to Law and the Legal Environment of Business

The American Legal System

Constitutional Principles

White-Collar Crime and the Business Community

Ethics, Social Responsibility, and the Business Manager

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The Law of Contracts and Sales I

The Law of Contracts and Sales Ii

The Law of Torts

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Law of Property: Real and Personal

Intellectual Property

Agency Law

Law and Business Associations I

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