Exam 5: Alternative Dispute Resolution

In the context of alternative dispute resolution,briefly discuss the two forms of agreements to voluntarily arbitrate disputes.

Litigation precludes the use of alternative dispute resolution techniques.

What is the role of judicial review in voluntary/contract-based arbitration awards?

When arbitration is pursuant to state statute,_____.

The fact that the losing party in a lawsuit usually also has to pay court costs is an added incentive to settlement without litigation.

Arbitrators generally are chosen by _____.

Which of the following statements is true of mediation?

The decision handed down by an arbitrator in a hearing is called a(n)_____.

In the absence of a statute,the rights and duties of the disputing parties to a submission for arbitration are described and limited by _____.

According to Roger Fisher,William Ury,and Bruce Patton,any successful negotiation must conclude with the disputing parties making realistic _____.

In the context of judicial review of mandatory arbitration,de novo review means that __________.

_____ is the technique used in collective-bargaining contracts to settle grievances of employees against their employers.

If an arbitrator undertakes an independent investigation into a material matter after the close of hearings without notice to the disputing parties,such an action constitutes misconduct on the part of the arbitrator.

Each state has its own licensing regulations for arbitrators.

A primary function of arbitration is to serve as a prelude to litigation.

Most businesses use litigation as the primary means to resolve disputes.

Discuss the advantages of mediation over litigation and arbitration.

Generally,an agreement to submit an issue to arbitration is irrevocable.

Arbitration enables the disputing parties to avoid the formalities of a courtroom.

What are the functions of experts in an arbitration?