Exam 13: Alternative Dispute Resolution

Early neutral ________ is a proceeding that takes place early in a civil case in which the disputing parties meet with a neutral person who evaluates the case in an attempt to settle the dispute.

(Short Answer)

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Question 21

Arbitrators and mediators must be attorneys.

(True/False)

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Question 22

What is the name of an individual hired by the parties to decide disputed pretrial matters in civil actions?

(Multiple Choice)

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Question 23

To stay a proceeding means to delay or stop the proceeding.

(True/False)

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Question 24

Discuss the advantages and disadvantages of an arbitration proceeding that has just one neutral arbitrator compared to an arbitration panel of three arbitrators.

(Essay)

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Question 25

A special master is a person usually appointed by a court to resolve disputed pretrial matters in civil actions.

(True/False)

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Question 26

If a party challenges the validity or enforceability of an arbitration agreement, the other party seeking arbitration might file which action?

(Multiple Choice)

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Question 27

ADR is never used in criminal cases.

(True/False)

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Question 28

A mediator should always be a neutral person.

(True/False)

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Question 29

Courts have the right to stay arbitration proceedings.

(True/False)

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Question 30

Which of the following is an activity of the American Arbitration Association?

(Multiple Choice)

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Question 31

The court cannot order that the parties be bound by alternative dispute resolution without their ______ because in many types of civil cases, parties have a right to a trial.

(Short Answer)

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Question 32

What is the name of an individual hired by the parties to preside over a trial who is often a retired judge?

(Multiple Choice)

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Question 33

What is a proceeding that takes place early in a civil case in which the disputing parties meet with a neutral person who evaluates the case in an attempt to settle the dispute?

(Multiple Choice)

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Question 34

What is the name of the federal law found in sections in title 9 of the United States Code that recognizes the enforceability of arbitration agreements in cases dealing with maritime and interstate commerce?

(Multiple Choice)

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Question 35

Match the type of alternative dispute resolution to its description.

Arbitration

An informal, nonbinding trial in which disputing parties, usually businesses, present their side of the dispute to a jury of executives from the businesses

Mediation

An informal, nonbinding trial in which disputing parties present their case to a judge or jury in a way that circumvents the numerous rules of evidence

Mini-trial

The process of discussing contested issues in an attempt to resolve disputes

Correct Answer:

Verified

Arbitration

Mediation

Mini-trial

Early neutral evaluation

Summary trial

Non-binding arbitration

Negotiation

Binding arbitration

(Matching)

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Question 36

In what types of cases should court-ordered mediation be required?

(Short Answer)

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Question 37

A discovery referee to decide disputed pretrial matters in a civil action is paid by the court and not the parties.

(True/False)

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Question 38

The type of ADR most popular with family law and labor matters is:

(Multiple Choice)

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Question 39

The ADR proceeding involving an out-of-court hearing before a neutral party who listens to two or more disputing parties and renders a decision resolving the dispute is known as:

(Multiple Choice)

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Question 40

Early neutral ________ is a proceeding that takes place early in a civil case in which the disputing parties meet with a neutral person who evaluates the case in an attempt to settle the dispute.

Arbitrators and mediators must be attorneys.

What is the name of an individual hired by the parties to decide disputed pretrial matters in civil actions?

To stay a proceeding means to delay or stop the proceeding.

Discuss the advantages and disadvantages of an arbitration proceeding that has just one neutral arbitrator compared to an arbitration panel of three arbitrators.

A special master is a person usually appointed by a court to resolve disputed pretrial matters in civil actions.

If a party challenges the validity or enforceability of an arbitration agreement, the other party seeking arbitration might file which action?

ADR is never used in criminal cases.

A mediator should always be a neutral person.

Courts have the right to stay arbitration proceedings.

Which of the following is an activity of the American Arbitration Association?

The court cannot order that the parties be bound by alternative dispute resolution without their ______ because in many types of civil cases, parties have a right to a trial.

What is the name of an individual hired by the parties to preside over a trial who is often a retired judge?

What is a proceeding that takes place early in a civil case in which the disputing parties meet with a neutral person who evaluates the case in an attempt to settle the dispute?

What is the name of the federal law found in sections in title 9 of the United States Code that recognizes the enforceability of arbitration agreements in cases dealing with maritime and interstate commerce?

In what types of cases should court-ordered mediation be required?

A discovery referee to decide disputed pretrial matters in a civil action is paid by the court and not the parties.

The type of ADR most popular with family law and labor matters is:

The ADR proceeding involving an out-of-court hearing before a neutral party who listens to two or more disputing parties and renders a decision resolving the dispute is known as:

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