Exam 10: Settlement and Other Alternative Dispute

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What is court-annexed arbitration?

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The court controls the process, assigns a case to arbitration, and may try the case if arbitration is not successful.

Which of the following example damage calculation formulas is not correct?

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B

Court-annexed arbitration

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B

An arbitration hearing is similar to a trial, but more informal.

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Identify two main differences between arbitration and mediation.

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Pain and suffering is an example of exemplary damages.

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International business disputes

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In settlement, a release excuses the defendant from further liability.

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Why is it important to have the client sign an authorization for the attorney to settle?

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Draft a checklist of or enter text page references to the items that need to be researched and summarized in preparation for settlement. Indicate the sources for such information. Place the checklist in the settlement section of your systems folder.

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What are the primary reasons for the use of alternative dispute resolution? Now, applying your reasoning, assume that Teeny Tiny Manufacturing and Briar Patch Dolls from case scenario IV agree to arbitrate or mediate their dispute. To whom might they turn for assistance? How can this assistance be located?

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What is your role in the settlement process?

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Which of the following agreement forms requires the review and approval of terms of settlement by the judge?

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Assume that Teeny Tiny Manufacturing and Briar Patch Dolls agree to arbitrate or mediate their dispute. To whom might they turn for assistance? How can this assistance be located?

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Alternative dispute resolution

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Arbitration

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Locate three examples of settlement agreements. Review the provisions and identify the common provisions in each for future reference.

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Alternative dispute resolution

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The defense usually prepares a settlement brochure.

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In general, explain the paralegal role in ADR processes.

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