Question 1

In the context of alternative dispute resolution,mediators __________.

Accepted Answer

A)  can impose a binding solution on all disputing parties 
B)  typically use the principles of interest-based negotiations 
C)  must meet the licensing requirements for their decisions to be used in court if a dispute proceeds to litigation 
D)  typically help parties prepare for litigation 
E)  act as a necessary precursor to arbitration 
A)  can impose a binding solution on all disputing parties 
B)  typically use the principles of interest-based negotiations 
C)  must meet the licensing requirements for their decisions to be used in court if a dispute proceeds to litigation 
D)  typically help parties prepare for litigation 
E)  act as a necessary precursor to arbitration

Question 2

Focus groups give attorneys insight into possible jury reaction to evidence and point up weaknesses in a case.

Accepted Answer

A) True 
 B)False

Question 3

Generally,an arbitrator's award does not need to set forth conclusions of law or the reasons for an award.

Accepted Answer

A) True 
 B)False

Question 4

In the context of alternative dispute resolution systems,_____ deliberate and make findings that give attorneys insight into possible jury reaction to the evidence in a case.

Accepted Answer

A)  resolution groups 
B)  barristers 
C)  magistrates 
D)  control groups 
E)  focus groups 
A)  resolution groups 
B)  barristers 
C)  magistrates 
D)  control groups 
E)  focus groups

Question 5

_____,one of the seven elements of principled,interest-based negotiations,are outcomes that are possible without the agreement of the other party in a negotiation.

Accepted Answer

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

Question 6

Which of the following statements is true of conflicts?

Accepted Answer

A) They are always negative in 
B) They are present only in unproductive relationships. 
C) They lead to disputes when coupled with claims that are rejected. 
D) They cease to exist when there are two or more points of view. 
E) They promote a secure environment if left undiscussed. 
A) They are always negative in 
B) They are present only in unproductive relationships. 
C) They lead to disputes when coupled with claims that are rejected. 
D) They cease to exist when there are two or more points of view. 
E) They promote a secure environment if left undiscussed.

Question 7

Mediators are similar to arbitrators in that __________.

Accepted Answer

A)  they can impose binding decisions on the disputing parties 
B)  they must be qualified and trained to practice dispute resolution methods 
C)  their cases are always assigned by the Supreme Court 
D)  they operate in federally important cases rather than local cases 
E)  they must be disinterested third parties 
A)  they can impose binding decisions on the disputing parties 
B)  they must be qualified and trained to practice dispute resolution methods 
C)  their cases are always assigned by the Supreme Court 
D)  they operate in federally important cases rather than local cases 
E)  they must be disinterested third parties

Question 8

When a losing party in an arbitration proceeding makes allegations of bias against an arbitrator,the allegations __________.

Accepted Answer

A)  automatically nullify a panel's opinion 
B)  normally do not affect the results of arbitration 
C)  result in a judge overturning the opinion 
D)  normally remove that arbitrator's opinion from the results of the arbitration 
E)  normally set off a new round of litigation 
A)  automatically nullify a panel's opinion 
B)  normally do not affect the results of arbitration 
C)  result in a judge overturning the opinion 
D)  normally remove that arbitrator's opinion from the results of the arbitration 
E)  normally set off a new round of litigation

Question 9

The judicial review of an arbitrator's award in a voluntary arbitration procedure is quite restricted and is more limited than the appellate review of a trial court's decision.

Accepted Answer

A) True 
 B)False

Question 10

Most state statutes authorizing voluntary arbitration accept an agreement to arbitrate even if it is oral in form.

Accepted Answer

A) True 
 B)False

Question 11

Which of the following statements is true of caucuses in dispute resolution?

Accepted Answer

A)  They are sometimes used by mediators to make the mediation processes more productive. 
B)  They only occur when mandated by a court order. 
C)  They involve negotiations between the disputing parties without a mediator and in the presence of their attorneys. 
D)  They are illegal because they are considered ex parte communications. 
E)  They are synonymous with de novo reviews. 
A)  They are sometimes used by mediators to make the mediation processes more productive. 
B)  They only occur when mandated by a court order. 
C)  They involve negotiations between the disputing parties without a mediator and in the presence of their attorneys. 
D)  They are illegal because they are considered ex parte communications. 
E)  They are synonymous with de novo reviews.

Question 12

What are the four grounds that section 10 of the Federal Arbitration Act provides for vacating an arbitration award?

Accepted Answer

Section 10 of the Federal Arbitration Ac

Question 13

A mediator cannot impose a binding solution on the disputing parties.

Accepted Answer

A) True 
 B)False

Question 14

In the context of alternative dispute resolution systems,the act of referring a matter to arbitration is called _____.

Accepted Answer

A)  submission 
B)  informal review 
C)  concession 
D)  de novo review 
E)  conciliation 
A)  submission 
B)  informal review 
C)  concession 
D)  de novo review 
E)  conciliation

Question 15

_____ frame the issues to be resolved and define the scope of an arbitrator's powers.

Accepted Answer

A)  Municipal court judges 
B)  District court judges 
C)  The disputing parties 
D)  Mediators 
E)  Focus groups 
A)  Municipal court judges 
B)  District court judges 
C)  The disputing parties 
D)  Mediators 
E)  Focus groups

Question 16

The court mandates an enforcement mechanism that ensures the disputing parties will mediate in good faith.

Accepted Answer

A) True 
 B)False

Question 17

Milkmen Corp.,a dairy product manufacturer,faces issues on various fronts like accounting discrepancies,use of preservatives,and retailer relations.Which of the following processes is Milkmen Corp.most likely to choose if it intends to settle the issues using a relatively quick and inexpensive resolution system?

Accepted Answer

A) Trial 
B) Arbitration 
C) Judicial review 
D) Indictment 
E) Litigation 
A) Trial 
B) Arbitration 
C) Judicial review 
D) Indictment 
E) Litigation

Question 18

A party involved in arbitration can withdraw from the arbitration process and resort to litigation if the members of that party think the process is not going well.

Accepted Answer

A) True 
 B)False

Question 19

When negotiating,the chances of a negotiated settlement through positional bargaining are high because positional bargaining focuses on the underlying conflicts.

Accepted Answer

A) True 
 B)False

Question 20

Judicial review of the awards of voluntary arbitration can correct __________.

Accepted Answer

A)  the outcome when both the disputing parties are dissatisfied with it 
B)  the erroneous rulings made by an arbitrator during the hearing 
C)  fraudulent or arbitrary actions by an arbitrator 
D)  erroneous findings of facts from the evidence by an arbitrator 
E)  the outcome even if one of the disputing parties is dissatisfied with it 
A)  the outcome when both the disputing parties are dissatisfied with it 
B)  the erroneous rulings made by an arbitrator during the hearing 
C)  fraudulent or arbitrary actions by an arbitrator 
D)  erroneous findings of facts from the evidence by an arbitrator 
E)  the outcome even if one of the disputing parties is dissatisfied with it

Exam 5: Alternative Dispute Resolution

In the context of alternative dispute resolution,mediators __________.

Focus groups give attorneys insight into possible jury reaction to evidence and point up weaknesses in a case.

Generally,an arbitrator's award does not need to set forth conclusions of law or the reasons for an award.

In the context of alternative dispute resolution systems,_____ deliberate and make findings that give attorneys insight into possible jury reaction to the evidence in a case.

_____,one of the seven elements of principled,interest-based negotiations,are outcomes that are possible without the agreement of the other party in a negotiation.

Which of the following statements is true of conflicts?

Mediators are similar to arbitrators in that __________.

When a losing party in an arbitration proceeding makes allegations of bias against an arbitrator,the allegations __________.

The judicial review of an arbitrator's award in a voluntary arbitration procedure is quite restricted and is more limited than the appellate review of a trial court's decision.

Most state statutes authorizing voluntary arbitration accept an agreement to arbitrate even if it is oral in form.

Which of the following statements is true of caucuses in dispute resolution?

What are the four grounds that section 10 of the Federal Arbitration Act provides for vacating an arbitration award?

A mediator cannot impose a binding solution on the disputing parties.

In the context of alternative dispute resolution systems,the act of referring a matter to arbitration is called _____.

_____ frame the issues to be resolved and define the scope of an arbitrator's powers.

The court mandates an enforcement mechanism that ensures the disputing parties will mediate in good faith.

A party involved in arbitration can withdraw from the arbitration process and resort to litigation if the members of that party think the process is not going well.

When negotiating,the chances of a negotiated settlement through positional bargaining are high because positional bargaining focuses on the underlying conflicts.

Judicial review of the awards of voluntary arbitration can correct __________.

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