Question 1

Which of the following alternate dispute resolution methods empowers the neutral party to enter a legally binding judgment?

Accepted Answer

A) private trial 
B) summary jury trial 
C) negotiation and settlement 
D) early neutral case evaluation 
A) private trial 
B) summary jury trial 
C) negotiation and settlement 
D) early neutral case evaluation

Question 2

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

Accepted Answer

A) True 
 B)False

Question 3

The settlement authority of a minitrial resides with the neutral adviser.

Accepted Answer

A) True 
 B)False

Question 4

A criticism of ________ is that it/they may lead to the development of a two-tier system of justice.

Accepted Answer

A) minitrials 
B) private trials 
C) arbitration 
D) mediation 
A) minitrials 
B) private trials 
C) arbitration 
D) mediation

Question 5

A modification of the ________ allows the neutral adviser to settle the case if the corporate executives cannot agree on a means of resolving the dispute within a given period of time.

Accepted Answer

A) minitrial 
B) mediation 
C) negotiation 
D) early neutral case evaluation 
A) minitrial 
B) mediation 
C) negotiation 
D) early neutral case evaluation

Question 6

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 to 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 to draft an agreement that will be binding. 
D) Andrew can deliver a binding judgment only if the parties do not reach an agreement.

Question 7

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 8

Satirn Inc. is facing a dispute from one of its competitors. Satirn wants to keep the proceedings confidential. It wants to obtain a binding judgment as it believes that it has a strong case. Which of the following methods of dispute resolution should it choose?

Accepted Answer

A) private trials 
B) arbitration 
C) summary jury trials 
D) negotiation and settlement 
A) private trials 
B) arbitration 
C) summary jury trials 
D) negotiation and settlement

Question 9

In ________, the neutral third party attempts to help the parties to draft agreements.

Accepted Answer

A) neutral case evaluation 
B) arbitration 
C) litigation 
D) mediation 
A) neutral case evaluation 
B) arbitration 
C) litigation 
D) mediation

Question 10

Which of the following statements is true of private trials?

Accepted Answer

A) The use of private trials by disputants with sufficient resources is likely to improve public courts. 
B) A party dissatisfied with a referee's judgment cannot move for a new trial. 
C) The jurors are a typical jury, accurately representing the idea "jury of one's peers." 
D) The cases are tried by a referee selected and paid by the disputants. 
A) The use of private trials by disputants with sufficient resources is likely to improve public courts. 
B) A party dissatisfied with a referee's judgment cannot move for a new trial. 
C) The jurors are a typical jury, accurately representing the idea "jury of one's peers." 
D) The cases are tried by a referee selected and paid by the disputants.

Question 11

ADR programs cannot be used at the appellate level.

Accepted Answer

A) True 
 B)False

Question 12

Which of the following is an issue with consumers being forced to give up their right to a trial and being coerced into an alternative dispute resolution forum?

Accepted Answer

A) Arbitration and mediation are generally more expensive than litigation. 
B) Consumers are likely to get a higher award from a jury than from an arbitrator. 
C) ADR forums usually take more time to resolve a dispute than trial courts. 
D) Consumers have no say in the selection of the neutral third party. 
A) Arbitration and mediation are generally more expensive than litigation. 
B) Consumers are likely to get a higher award from a jury than from an arbitrator. 
C) ADR forums usually take more time to resolve a dispute than trial courts. 
D) Consumers have no say in the selection of the neutral third party.

Question 13

A summary jury trial lasts only one day.

Accepted Answer

A) True 
 B)False

Question 14

Successful negotiation of a settlement requires each party to give up something in exchange for getting something from the other party.

Accepted Answer

A) True 
 B)False

Question 15

Which of the following statements is true of alternative dispute resolution?

Accepted Answer

A) Parties using alternative dispute resolution are likely to face adverse publicity. 
B) Alternative dispute resolution is generally more expensive than litigation. 
C) Alternative dispute resolution generally leads to loss of confidentiality and trade secrets. 
D) Alternative dispute resolution methods are less time-consuming, and the formal-hearing times and places can be set to accommodate the parties. 
A) Parties using alternative dispute resolution are likely to face adverse publicity. 
B) Alternative dispute resolution is generally more expensive than litigation. 
C) Alternative dispute resolution generally leads to loss of confidentiality and trade secrets. 
D) Alternative dispute resolution methods are less time-consuming, and the formal-hearing times and places can be set to accommodate the parties.

Question 16

Mediators decide the terms of agreements.

Accepted Answer

A) True 
 B)False

Question 17

Which of the following statements is true about court-mandated mediation?

Accepted Answer

A) The parties are much more likely to view mediation as a hurdle before a trial. 
B) The rules on evidence are generally the same for court-mandated mediation and trials. 
C) The mediator's decision is binding. 
D) The parties are likely to enter the mediation process with a desire to work out an agreement. 
A) The parties are much more likely to view mediation as a hurdle before a trial. 
B) The rules on evidence are generally the same for court-mandated mediation and trials. 
C) The mediator's decision is binding. 
D) The parties are likely to enter the mediation process with a desire to work out an agreement.

Exam 4: Alternative Tools of Dispute Resolution

Which of the following alternate dispute resolution methods empowers the neutral party to enter a legally binding judgment?

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

The settlement authority of a minitrial resides with the neutral adviser.

A criticism of ________ is that it/they may lead to the development of a two-tier system of justice.

A modification of the ________ allows the neutral adviser to settle the case if the corporate executives cannot agree on a means of resolving the dispute within a given period of time.

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?

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

Satirn Inc. is facing a dispute from one of its competitors. Satirn wants to keep the proceedings confidential. It wants to obtain a binding judgment as it believes that it has a strong case. Which of the following methods of dispute resolution should it choose?

In ________, the neutral third party attempts to help the parties to draft agreements.

Which of the following statements is true of private trials?

ADR programs cannot be used at the appellate level.

Which of the following is an issue with consumers being forced to give up their right to a trial and being coerced into an alternative dispute resolution forum?

A summary jury trial lasts only one day.

Successful negotiation of a settlement requires each party to give up something in exchange for getting something from the other party.

Which of the following statements is true of alternative dispute resolution?

Mediators decide the terms of agreements.

Which of the following statements is true about court-mandated mediation?

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

The International Legal Environment of Business

The Law of Contracts and Sales—I

The Law of Contracts and Sales—II

The Law of Torts

Product and Service Liability Law

Law of Property: Real and Personal

Intellectual Property

Agency Law

Law and Business Associations

Law and Business Associations

The Law of Administrative Agencies

The Employment Relationship

Laws Governing Labor-Management Relations

Employment Discrimination

Environmental Law

Rules Governing the Issuance and Trading of Securities

Antitrust Laws

Laws of Debtor Creditor Relations and Consumer Protection

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