Exam 5: Alternative Dispute Resolution

Discuss Roger Fisher, William Ury, and Bruce Patton's influential book and the seven elements of negotiation presented in it. What is the focus of the book and how do the authors hope to change the focus of negotiation through it?

A negotiation between a seller and a buyer begins with each party stating their respective expectations. The seller starts with as high an asking price as is considered reasonable. Likewise, the buyer begins with the lowest reasonable price. This is an example of:

From the perspective of judicial review, voluntary arbitration is a more effective alternative to litigation than mandatory arbitration.

Which of the following distinguishes mandatory arbitration from voluntary arbitration?

Which of the following is true of a caucus in the process of mediation?

The outcome of mediation:

The arbitrator is empowered by the parties to reach a binding decision in a voluntary arbitration.

In which of the following cases will courts most likely use judicial review to change the awards of voluntary arbitration?

_____ is the process used to persuade or coerce someone to do what you want them to do.

Which of the following is true of the use of ADR techniques?

Discuss the importance of arbitration for labor relations disputes.

Normally, the decision to submit a dispute to arbitration is irrevocable.

How are arbitrators selected and compensated for mandatory arbitration proceedings?

Once a lawsuit has been filed, ADR may not be used until the suit has gone to judgment or has been dismissed.

The failure of a party to be present at an arbitration hearing constitutes a waiver of the right to reject the award and seek de novo judicial review.

Compare and contrast voluntary and mandatory arbitration.

Which of the following is true of arbitration?

Absent fraud or other inappropriate behavior, arbitration awards in voluntary proceedings are not subject to judicial review on the merits of the decision.

What are the advantages of using an expert rather than a judge as an arbitrator?

A dispute arises when one party makes a claim that another party denies.