Question 1

Which of the following statements is true of voluntary arbitration?

Accepted Answer

A)  Submission is required by statute. 
B)  The court will conduct a de novo hearing when reviewing the arbitration reward. 
C)  The procedure is associated with a court's supervision, and discovery is usually done. 
D)  The quality of the outcome is considerably affected when compared to mandatory arbitration. 
E)  The procedure is not tied to a court and is not bound by rules of evidence. 
A)  Submission is required by statute. 
B)  The court will conduct a de novo hearing when reviewing the arbitration reward. 
C)  The procedure is associated with a court's supervision, and discovery is usually done. 
D)  The quality of the outcome is considerably affected when compared to mandatory arbitration. 
E)  The procedure is not tied to a court and is not bound by rules of evidence. E

Question 2

The federal system and all state systems require arbitration hearings to be conducted according to the established rules of evidence.

Accepted Answer

A) True 
 B)False  False

Question 3

Briefly discuss how conflicts can be productive.

Accepted Answer

Conflict exists whenever there are two or more points of view.Conflicts are not always negative; they are ubiquitous and can be productive.Indeed,they can stimulate significant thoughts and produce great discoveries.Most people perceive conflict as bad and try to avoid it.This is because of the fact that conflict leads to disputes.Conflict results in a dispute when it is coupled with a claim that is rejected.It may be more beneficial to everyone involved to have the conflict become a dispute so the parties involved can more easily express their emotions.Such expressions may lead to an earlier resolution between the parties.

Question 4

The disputing parties in arbitration can choose an arbitrator only from a list of qualified arbitrators provided by the arbitration service regardless of any agreement made prior to the selection of arbitrators.

Accepted Answer

A) True 
 B)False

Question 5

Courts throughout the United States have uniformly upheld mandatory arbitration statutory schemes as against the constitutional challenges where a dissatisfied party can __________.

Accepted Answer

A)  appeal against an award directly to the state Supreme Court 
B)  appeal against an award directly to the U.S. Supreme Court 
C)  reject an award and seek a review in the appropriate trial court 
D)  sue the arbitrator involved in the procedure 
E)  ignore the disputed award as it is not legally binding 
A)  appeal against an award directly to the state Supreme Court 
B)  appeal against an award directly to the U.S. Supreme Court 
C)  reject an award and seek a review in the appropriate trial court 
D)  sue the arbitrator involved in the procedure 
E)  ignore the disputed award as it is not legally binding

Question 6

Which of the following statements is true of an award?

Accepted Answer

A) It is not subject to judicial review on the merits of a decision. 
B) It becomes final and enforceable as soon as it is made by an arbitrator. 
C) It needs to set forth findings of fact,conclusions of law,or the reasons for the award. 
D) It is the final set of findings presented by a focus group to an arbitrator. 
E) It is mostly delivered orally by an arbitrator to the disputing parties and need not be in writing in most states. 
A) It is not subject to judicial review on the merits of a decision. 
B) It becomes final and enforceable as soon as it is made by an arbitrator. 
C) It needs to set forth findings of fact,conclusions of law,or the reasons for the award. 
D) It is the final set of findings presented by a focus group to an arbitrator. 
E) It is mostly delivered orally by an arbitrator to the disputing parties and need not be in writing in most states.

Question 7

Discuss the importance of arbitration in labor relations disputes.

Accepted Answer

Students' answers may vary.Over the past

Question 8

In the context of judicial review of voluntary arbitration,error of law renders an arbitration award void only when __________

Accepted Answer

A)  both disputing parties are dissatisfied with it 
B)  it violates a positive mandate of the law 
C)  the arbitrator reaches erroneous findings of fact from an evidence 
D)  it results in a huge financial loss for either of the disputing parties 
E)  the arbitrator misunderstands the law 
A)  both disputing parties are dissatisfied with it 
B)  it violates a positive mandate of the law 
C)  the arbitrator reaches erroneous findings of fact from an evidence 
D)  it results in a huge financial loss for either of the disputing parties 
E)  the arbitrator misunderstands the law

Question 9

The important role and positive perception of arbitration among businesses today probably would not exist without the Federal Arbitration Act.

Accepted Answer

A) True 
 B)False

Question 10

It is mandatory to have a panel of three arbitrators to decide on any dispute case.

Accepted Answer

A) True 
 B)False

Question 11

Which of the following is one of the primary reasons for the increase in the number of mediations?

Accepted Answer

A)  The disputing parties in the mediation process retain control over when to settle. 
B)  Outcomes of mediations are legally binding. 
C)  The mediators in the mediation process are selected by the Supreme Court. 
D)  Lawyers play a more active role in the mediation process when compared to arbitration. 
E)  The mediation process involves a mediator and only one of the disputing parties. 
A)  The disputing parties in the mediation process retain control over when to settle. 
B)  Outcomes of mediations are legally binding. 
C)  The mediators in the mediation process are selected by the Supreme Court. 
D)  Lawyers play a more active role in the mediation process when compared to arbitration. 
E)  The mediation process involves a mediator and only one of the disputing parties.

Question 12

An arbitrator's erroneous view of the law,no matter how egregious,is always binding because the disputing parties have agreed to accept their arbitrator's view of the law.

Accepted Answer

A) True 
 B)False

Question 13

_____ occurs when a trial judge requires the disputing parties to submit to the mediation process before a complaint can be litigated formally.

Accepted Answer

A)  Submission 
B)  Party-directed mediation 
C)  Evaluative mediation 
D)  Med-Arb 
E)  Court-annexed mediation 
A)  Submission 
B)  Party-directed mediation 
C)  Evaluative mediation 
D)  Med-Arb 
E)  Court-annexed mediation

Question 14

Rules related to court-annexed mediation are federally mandated.

Accepted Answer

A) True 
 B)False

Question 15

An arbitrator's award must __________.

Accepted Answer

A)  be desirable to both the disputing parties to be legally binding and enforceable 
B)  set forth the findings of fact under any circumstance 
C)  set forth the specific credentials of the arbitrator 
D)  give a disclosure of findings and the reasons if an arbitration agreement so requires 
E)  define the scope of the arbitrator's powers 
A)  be desirable to both the disputing parties to be legally binding and enforceable 
B)  set forth the findings of fact under any circumstance 
C)  set forth the specific credentials of the arbitrator 
D)  give a disclosure of findings and the reasons if an arbitration agreement so requires 
E)  define the scope of the arbitrator's powers

Question 16

A dispute arises when one party makes a claim that another party denies.

Accepted Answer

A) True 
 B)False

Question 17

The failure of a party to be present at an arbitration constitutes a waiver of the right to reject the arbitration award and seek de novo judicial review.

Accepted Answer

A) True 
 B)False

Question 18

The effect of the Federal Arbitration Act on state laws is that state laws __________.

Accepted Answer

A) see arbitration as a necessary prelude to litigation 
B) always favor conciliation over arbitration 
C) never consider an arbitrator's award as legally binding and enforceable 
D) strictly nullify the right of the Equal Employment Opportunity Commission to litigate if an employee signed an arbitration clause 
E) cannot prevent arbitration of disputes if the disputing parties are engaged in interstate commerce 
A) see arbitration as a necessary prelude to litigation 
B) always favor conciliation over arbitration 
C) never consider an arbitrator's award as legally binding and enforceable 
D) strictly nullify the right of the Equal Employment Opportunity Commission to litigate if an employee signed an arbitration clause 
E) cannot prevent arbitration of disputes if the disputing parties are engaged in interstate commerce

Question 19

A court assumes arbitration was intended unless it can say with positive assurance that the arbitration clause was not intended to include the particular dispute.

Accepted Answer

A) True 
 B)False

Question 20

The issues submitted to arbitration in any state cannot include questions of law.

Accepted Answer

A) True 
 B)False

Exam 5: Alternative Dispute Resolution

Which of the following statements is true of voluntary arbitration?

The federal system and all state systems require arbitration hearings to be conducted according to the established rules of evidence.

Briefly discuss how conflicts can be productive.

The disputing parties in arbitration can choose an arbitrator only from a list of qualified arbitrators provided by the arbitration service regardless of any agreement made prior to the selection of arbitrators.

Courts throughout the United States have uniformly upheld mandatory arbitration statutory schemes as against the constitutional challenges where a dissatisfied party can __________.

Which of the following statements is true of an award?

Discuss the importance of arbitration in labor relations disputes.

In the context of judicial review of voluntary arbitration,error of law renders an arbitration award void only when __________

The important role and positive perception of arbitration among businesses today probably would not exist without the Federal Arbitration Act.

It is mandatory to have a panel of three arbitrators to decide on any dispute case.

Which of the following is one of the primary reasons for the increase in the number of mediations?

An arbitrator's erroneous view of the law,no matter how egregious,is always binding because the disputing parties have agreed to accept their arbitrator's view of the law.

_____ occurs when a trial judge requires the disputing parties to submit to the mediation process before a complaint can be litigated formally.

Rules related to court-annexed mediation are federally mandated.

An arbitrator's award must __________.

A dispute arises when one party makes a claim that another party denies.

The failure of a party to be present at an arbitration constitutes a waiver of the right to reject the arbitration award and seek de novo judicial review.

The effect of the Federal Arbitration Act on state laws is that state laws __________.

A court assumes arbitration was intended unless it can say with positive assurance that the arbitration clause was not intended to include the particular dispute.

The issues submitted to arbitration in any state cannot include questions of law.

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