Question 1

What are some of the constitutional challenges to mandatory arbitration?

Accepted Answer

Laws providing for mandatory arbitration

Question 2

According to subsection (c)of the Federal Arbitration Act,which of the following actions constitutes misconduct on the part of an arbitrator that justifies vacating an arbitration award?

Accepted Answer

A)  Accepting gifts from a party during the proceedings 
B)  Misunderstanding the law 
C)  Conducting a caucus with a party to the proceedings even if the other party consents to it 
D)  Making erroneous rulings during a hearing 
E)  Reaching erroneous findings of fact from an evidence 
A)  Accepting gifts from a party during the proceedings 
B)  Misunderstanding the law 
C)  Conducting a caucus with a party to the proceedings even if the other party consents to it 
D)  Making erroneous rulings during a hearing 
E)  Reaching erroneous findings of fact from an evidence

Question 3

Individual states are not limited by the constitution when they make laws that deny arbitration of certain disputes.

Accepted Answer

A) True 
 B)False

Question 4

Discuss the effect of the Federal Arbitration Act on the courts' view of arbitration.

Accepted Answer

The reenactment of the Federal Arbitrati

Question 5

Rita files a case against her husband involving the custody of their child.This is an example of a case that is subject to court-annexed mediation.

Accepted Answer

A) True 
 B)False

Question 6

Concentrating on the seven elements of interest-based negotiation proposed by Roger Fisher,William Ury,and Bruce Patton can help remove some of the barriers created by positional negotiation.

Accepted Answer

A) True 
 B)False

Question 7

Unlike an arbitrator,a mediator __________.

Accepted Answer

A)  is not a neutral party 
B)  can only be appointed by the Supreme Court 
C)  cannot impose a binding solution on the disputing parties 
D)  can impose a binding solution only on any one of the disputing parties 
E)  cannot be chosen by the disputing parties 
A)  is not a neutral party 
B)  can only be appointed by the Supreme Court 
C)  cannot impose a binding solution on the disputing parties 
D)  can impose a binding solution only on any one of the disputing parties 
E)  cannot be chosen by the disputing parties

Question 8

In the context of negotiating styles,collaborating is the hardest to demonstrate even though it is a common response in a negotiation.

Accepted Answer

A) True 
 B)False

Question 9

Which of the following statements is true of focus groups?

Accepted Answer

A) They are employed by two disputing parties to decide on feasible solutions. 
B) They are used by attorneys,and they point out weaknesses in a particular case. 
C) They are a group of experts from the field of law who provide insights into a case. 
D) They are primarily employed to determine the facts of a particular case. 
E) They are precluded during the pretrial process when a particular case is subject to litigation. 
A) They are employed by two disputing parties to decide on feasible solutions. 
B) They are used by attorneys,and they point out weaknesses in a particular case. 
C) They are a group of experts from the field of law who provide insights into a case. 
D) They are primarily employed to determine the facts of a particular case. 
E) They are precluded during the pretrial process when a particular case is subject to litigation.

Question 10

Which of the following statements is true of arbitration procedures?

Accepted Answer

A)  All types of arbitration procedures are voluntary and cannot be forced on the disputing parties. 
B)  Mandatory arbitration is a more effective alternative to litigation than a voluntary arbitration. 
C)  Generally, the award resulting from the voluntary arbitration procedure is final. 
D)  If an arbitrator made erroneous rulings during a hearing, the award can be set aside. 
E)  An arbitrator's award is binding on the parties only if there was no error of law on the part of the arbitrator. 
A)  All types of arbitration procedures are voluntary and cannot be forced on the disputing parties. 
B)  Mandatory arbitration is a more effective alternative to litigation than a voluntary arbitration. 
C)  Generally, the award resulting from the voluntary arbitration procedure is final. 
D)  If an arbitrator made erroneous rulings during a hearing, the award can be set aside. 
E)  An arbitrator's award is binding on the parties only if there was no error of law on the part of the arbitrator.

Question 11

Positional bargaining is an approach based on principled,interest-based negotiations.

Accepted Answer

A) True 
 B)False

Question 12

After a hearing is conducted by an arbitrator or arbitrators,the submission to arbitration occurs.

Accepted Answer

A) True 
 B)False

Question 13

_____,one of the seven elements of principled,interest-based negotiations,involve the negotiating parties brainstorming possible solutions to their dispute.

Accepted Answer

A) Options 
B) Interests 
C) Relationships 
D) Positions 
E) Commitments 
A) Options 
B) Interests 
C) Relationships 
D) Positions 
E) Commitments

Question 14

A _____ in mediation occurs when a mediator meets privately with one party without the other party.

Accepted Answer

A)  calumny 
B)  consensus 
C)  convention 
D)  convocation 
E)  caucus 
A)  calumny 
B)  consensus 
C)  convention 
D)  convocation 
E)  caucus

Question 15

Judicial review of voluntary/contract-based arbitration requires a de novo review of the interpretation and application of the law by the arbitrators.

Accepted Answer

A) True 
 B)False

Question 16

Jane is deprived of her alimony from Ben as he is reluctant to make a settlement.Which of the following statutes is most likely to be applicable in this case?

Accepted Answer

A) Contract-based arbitration statute 
B) Temporary arbitration statute 
C) Postdispute arbitration statute 
D) Mandatory arbitration statute 
E) Predispute arbitration statute 
A) Contract-based arbitration statute 
B) Temporary arbitration statute 
C) Postdispute arbitration statute 
D) Mandatory arbitration statute 
E) Predispute arbitration statute

Question 17

Statutorily mandated arbitration requires a higher level of judicial review of an award than voluntary arbitration.

Accepted Answer

A) True 
 B)False

Question 18

What are the benefits and difficulties of choosing a panel of three arbitrators over a single arbitrator?

Accepted Answer

It is common to use one arbitrator who i

Question 19

Ahmed and Jerry enter into a business agreement to assemble and sell prepackaged salads.In their written agreement,both agree that they will be required to settle all disputes through arbitration.Which of the following statements is true of this situation?

Accepted Answer

A)  This case is an example of a mandatory arbitration clause. 
B)  This case is an example of a voluntary arbitration clause. 
C)  This case is an example of a caucus arbitration agreement. 
D)  This case is an example of a court-annexed arbitration clause. 
E)  This case is an example of a postdispute arbitration agreement. 
A)  This case is an example of a mandatory arbitration clause. 
B)  This case is an example of a voluntary arbitration clause. 
C)  This case is an example of a caucus arbitration agreement. 
D)  This case is an example of a court-annexed arbitration clause. 
E)  This case is an example of a postdispute arbitration agreement.

Question 20

According to Roger Fisher,William Ury,and Bruce Patton,_____ is an element of principled,interest-based negotiations that involves the application of accepted standards to the topic negotiated-rather than having the disputing parties state unsupported propositions.

Accepted Answer

A)  accommodation 
B)  collaboration 
C)  avoidance 
D)  competition 
E)  legitimacy 
A)  accommodation 
B)  collaboration 
C)  avoidance 
D)  competition 
E)  legitimacy

Exam 5: Alternative Dispute Resolution

What are some of the constitutional challenges to mandatory arbitration?

According to subsection (c)of the Federal Arbitration Act,which of the following actions constitutes misconduct on the part of an arbitrator that justifies vacating an arbitration award?

Individual states are not limited by the constitution when they make laws that deny arbitration of certain disputes.

Discuss the effect of the Federal Arbitration Act on the courts' view of arbitration.

Rita files a case against her husband involving the custody of their child.This is an example of a case that is subject to court-annexed mediation.

Concentrating on the seven elements of interest-based negotiation proposed by Roger Fisher,William Ury,and Bruce Patton can help remove some of the barriers created by positional negotiation.

Unlike an arbitrator,a mediator __________.

In the context of negotiating styles,collaborating is the hardest to demonstrate even though it is a common response in a negotiation.

Which of the following statements is true of focus groups?

Which of the following statements is true of arbitration procedures?

Positional bargaining is an approach based on principled,interest-based negotiations.

After a hearing is conducted by an arbitrator or arbitrators,the submission to arbitration occurs.

_____,one of the seven elements of principled,interest-based negotiations,involve the negotiating parties brainstorming possible solutions to their dispute.

A _____ in mediation occurs when a mediator meets privately with one party without the other party.

Judicial review of voluntary/contract-based arbitration requires a de novo review of the interpretation and application of the law by the arbitrators.

Jane is deprived of her alimony from Ben as he is reluctant to make a settlement.Which of the following statutes is most likely to be applicable in this case?

Statutorily mandated arbitration requires a higher level of judicial review of an award than voluntary arbitration.

What are the benefits and difficulties of choosing a panel of three arbitrators over a single arbitrator?

Ahmed and Jerry enter into a business agreement to assemble and sell prepackaged salads.In their written agreement,both agree that they will be required to settle all disputes through arbitration.Which of the following statements is true of this situation?

According to Roger Fisher,William Ury,and Bruce Patton,_____ is an element of principled,interest-based negotiations that involves the application of accepted standards to the topic negotiated-rather than having the disputing parties state unsupported propositions.

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