Exam 2: Alternative Dispute Resolution

Which of the following methods of dispute resolutions can be considered as the easiest and the cheapest?

Which of the following is most likely to address virtually all disputes to be arbitrated other than those where a union or a collective bargaining agreement is in effect?

Mediation and arbitration tend to be more expensive than litigation.

If two parties involved in a dispute try to resolve their conflict using the ADR mechanism then they cannot proceed to the court litigation even if they are not satisfied with the ADR result.

Which of the following statements is true regarding a mock trial?

Which of the following is an ADR mechanism that involves the intervention of a disinterested third party into a dispute and the third party can impose a decision, much like a judge does?

Because of its flexibility, the alternative dispute resolution system is also called _____ dispute resolution system.

Conciliation involves intervention of a disinterested third party.

Discuss summary jury trial.

Minitrial is generally carried out after the case has been filed with the court.

Which of the following statements is true regarding the alternative dispute resolution (ADR) mechanism?

What are the various advantages of using a disinterested third party for mediation?

Which of the following statements is true regarding regulatory negotiation?

Explain binding arbitration.

There is a Securities and Exchange Commission rule that securities disputes be handled by arbitration if possible.

In the case of binding agreement, the awards should be consistent with the concept of stare decisis.

FMCS is a government agency that can be used by parties to conduct mediation of a dispute.

Discuss regulatory negotiation.

Under the statutory scheme of Title VII of the Civil Rights Act of 1964 and its administrative regulations, by law the parties must first attempt to _____ claims of employment discrimination before proceeding further.

Most often the mediator goes back and forth between the two parties and listens to their concerns and tries to find a way for each to get what he or she wants from the situation. This is known as _____.