Exam 2: Alternative Dispute Resolution

Resolving a dispute with the help of an alternative dispute resolution mechanism is more expensive and time-consuming than resolving it with the help of litigation.

Which of the following statements is true regarding an ADR program attached to the court?

After mediation, the next most frequent ADR mechanism is _____.

In the case of binding arbitration, parties can decide to use the courts as another chance to resolve the dispute if they do not like the award.

If two parties involved in a dispute, decide to take help of The American Arbitration Association then the matters of scheduling the arbitration and hearing and paying for the arbitrator's services are arranged with the arbitrator by the _____.

What is commercial arbitration?

The alternative dispute resolution method used by administrative agencies wishing to avoid protracted litigation with interested groups over regulations which the agency wants to issue is mock trial.

Discuss conciliation.

Apex Corporation has a disagreement over the terms of an agreement with the national distributor of their product. Apex Corporation and the distributor talk to each other about their dispute, in an effort to reach a resolution of the conflict without involving intermediation by a disinterested third party. This is an example of _____.

What is the major difference between arbitration and mediation?

_____ allow EEOC, to hold off on proceeding with the claim filed by the employee with EEOC and instead refer it back to the employer for handling by the employer's own internal EEOC approved mediation program.

What is labor arbitration?

Which of the following is true regarding summary jury trial?

What is a mock trial? Explain its advantages.

Which of the following statements is true regarding conciliation?

Which of the following methods of dispute resolution is most likely to be used by a regulatory agency to negotiate the provisions of the regulations with the interested groups so that there is less likelihood of a challenge once the regulations are promulgated?

In the case of minitrials, generally, parties look at the problem as one of a business nature rather than a legal nature.

The very first thing a party with a conflict should do is to attempt _____ with the other party to the dispute.

Arbitration involves the intervention of a disinterested third party into a dispute.

Commercial arbitration addresses those employer/employee disputes where no union or collective bargaining agreement is in effect.