Exam 5: Alternative Dispute Resolution

A negotiation between a seller and a buyer begins with each party stating their respective expectations in a competitive style.The seller starts with as high an asking price as is considered reasonable.Likewise,the buyer begins with the lowest reasonable price.In the context of negotiation methods,this scenario is an example of _____.

The _____ of the U.S.Constitution are often used to set aside state laws that deny arbitration of a certain dispute.

_____ has been described as a better approach to negotiating among disputing parties in the book Getting to Yes by Roger Fisher,William Ury,and Bruce Patton.

Juries often decide close questions of liability,as well as size of the verdict,against business organizations.

Briefly state the types of cases that come under statutorily mandated arbitration and the procedure followed.

Unlike mandatory arbitration,voluntary arbitration is __________.

When the disputing parties agree to resolve all matters of contention that they can and agree to arbitrate the unresolved matters,they are said to be using an alternative dispute resolution technique known as _____.

In the context of dispute resolution,what is a focus group and why and when can it be used?

Mandatory arbitration can be constitutional if __________.

Briefly discuss arbitral awards and their relation to the courts.

Briefly discuss the approach to negotiation described in the book Getting to Yes by Roger Fisher,William Ury,and Bruce Patton,which discusses the seven elements of negotiation.What is the focus of the book,and how do the authors hope to change the focus of negotiation through it?

What are the advantages of using an expert rather than a judge as an arbitrator?

What is arbitral misconduct? List five instances of arbitrator misconduct that would lead to the vacating of an arbitrator's award.

Which of the following statements is true of principled,interest-based negotiations?

Which of the following statements is true of arbitrators?

Courts throughout the United States have uniformly upheld mandatory arbitration statutory schemes as against the constitutional challenges where a dissatisfied party can reject an arbitrator's award and seek a de novo judicial review of that award.

The final step to a successful mediation is __________.

_____ arise when parties already in dispute decide that arbitration is better than litigation.

Compare and contrast voluntary and mandatory arbitration.

To avoid the various expenses of litigation,disputing parties can agree to have a third party decide the merits of their dispute.