Exam 5: Alternative Dispute Resolution

A(n) _____ will be enforced by the courts as if it were a judgment of the courts.

If an arbitrator makes a clearly erroneous ruling pursuant to a voluntary contract-based arbitration, there will be sufficient grounds for a judge to set aside the award.

Roger Fisher, William Ury, and Bruce Patton wrote a seminal book on negotiation titled _____.

A(n) _____ is a decision that arises when parties already in dispute decide that arbitration is better than litigation.

Mediators are similar to arbitrators in that:

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

What is a caucus? How is it used in mediation?

When parties agree to resolve all the matters of contention that they can and to arbitrate the unresolved matters, they are said to be using a variation of dispute resolution known as:

Statutorily mandated arbitration requires a higher level of judicial review of an award than voluntary arbitration.

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

Courts can use judicial review to change the awards of voluntary arbitration when:

The _____ of the U.S. Constitution is often used to set aside state laws that improperly deny arbitration of certain disputes.

Private arbitrators are not permitted to decide on questions of law.

What potential problems do you see arising as a result of a poorly drafted predispute arbitration clause?

De novo review means that:

A mediator cannot impose a binding solution on the parties.

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

For mandatory arbitration to be constitutional:

Arbitrators are typically chosen by:

An arbitrator may be considered partial or corrupt by independently investigating a material matter after the close of hearings without telling either party about the investigation.