Exam 2: Alternative Dispute Resolution

What are the various advantages of alternative dispute resolution (ADR)?

What is shuttle diplomacy?

If conciliation doesn't work, the next logical step after conciliation is _____.

In binding arbitration, the arbitrator's award cannot be reviewed if:

Nonbinding arbitration agreements are almost always included in international commercial transactions as a way of avoiding international litigation.

The decision reached by an arbitrator is called a(n) _____.

The ADR mechanism is:

Some jurisdictions provide for _____ after cases have been filed if the case will require a great deal of time for trial and is unlikely to be settled by negotiation.

In which of the following ADR mechanisms, the arbitrator's award is virtually final, and can be reviewed only by a court of law for reasons involving unconstitutionality, abuse, collusion, or fraud in the third party's decision?

Which of the following statements is true regarding a minitrial?

Arbitration is the easiest and cheapest method of dispute resolution.

In this method of dispute resolution, the attorney assembles ordinary citizens, asks them to act as jury, presents the case as if in court, and then requests them to make a decision. Hearing the decision and questioning the "jury" about their deliberations can be very instructive for the attorney in deciding how best to proceed with the case and whether to seek a path other than litigation. Identify the dispute resolution method in the discussion.

In this alternative method of dispute resolution lawyers for both sides assemble a panel of a neutral advisors and high-ranking business executives with settlement authority from each business. Generally the parties look at the problem as one of a business nature rather than a legal nature and then go into settlement negotiations afterwards. Identify the dispute resolution method in the discussion.

You have conflict with a friend and a common friend of both of you talks to each of you separately and tries to get you to see the other's side of things or to look at things a different way in order to resolve the conflict. It is most likely to be an example of _____.

_____ is the most useful alternative dispute resolution method when the parties wish to maintain an ongoing relationship but simply need help resolving the present conflict.