Question 1

Which of the following is true of arbitration procedures?

Accepted Answer

A)  Arbitration is a voluntary procedure that cannot be forced on the parties. 
B)  Judicial review of the arbitrator's award occurs in most cases. 
C)  The award resulting from the voluntary arbitration procedure is final. 
D)  If the arbitrator made erroneous rulings during the hearings, the award can be set aside. 
E)  The arbitrator's award is binding on the parties only if there was no error of law on the part of the arbitrator. 
A)  Arbitration is a voluntary procedure that cannot be forced on the parties. 
B)  Judicial review of the arbitrator's award occurs in most cases. 
C)  The award resulting from the voluntary arbitration procedure is final. 
D)  If the arbitrator made erroneous rulings during the hearings, the award can be set aside. 
E)  The arbitrator's award is binding on the parties only if there was no error of law on the part of the arbitrator.

Question 2

In order for a federal court to assume that parties did not intend to arbitrate, a court must believe with positive assurance that the parties did not intend to include the particular dispute in the arbitration clause.

Accepted Answer

A) True 
 B)False

Question 3

What are the typical steps in the mediation process?

Accepted Answer

The mediation process follows the follow

Question 4

The Federal Arbitration Act is largely responsible for the prominent role and positive perception of arbitration among businesses today.

Accepted Answer

A) True 
 B)False

Question 5

Ben and Jerry enter into a business agreement to assemble and sell prepackaged salads. In their written agreement, they both agree that they will be required to settle all disputes through arbitration. Which of the following is true of this situation?

Accepted Answer

A)  This is an example of a mandatory arbitration clause. 
B)  This is an example of a voluntary arbitration clause. 
C)  This is an example of a caucus. 
D)  This is an example of court-annexed mediation. 
E)  This is an example of a postdispute arbitration agreement. 
A)  This is an example of a mandatory arbitration clause. 
B)  This is an example of a voluntary arbitration clause. 
C)  This is an example of a caucus. 
D)  This is an example of court-annexed mediation. 
E)  This is an example of a postdispute arbitration agreement.

Question 6

Which of the following is true of arbitration?

Accepted Answer

A)  The record of proceedings is available to the press and others. 
B)  The decisions arising from arbitration are binding on the parties. 
C)  Arbitration cannot be imposed on the disputing parties. 
D)  The parties themselves resolve all the matters of contention, without the intervention of a third party. 
E)  The arbitrator need not be a disinterested party. 
A)  The record of proceedings is available to the press and others. 
B)  The decisions arising from arbitration are binding on the parties. 
C)  Arbitration cannot be imposed on the disputing parties. 
D)  The parties themselves resolve all the matters of contention, without the intervention of a third party. 
E)  The arbitrator need not be a disinterested party.

Question 7

Juries often decide close questions of liability, as well as size of the verdict, against business organizations.

Accepted Answer

A) True 
 B)False

Question 8

What are some of the constitutional challenges to mandatory arbitration?

Accepted Answer

Laws providing for mandatory arbitration

Question 9

According to Roger Fisher, William Ury, and Bruce Patton, in principled negotiation, _____ are outcomes that are possible without the agreement of the other party.

Accepted Answer

A)  commitments 
B)  alternatives 
C)  options 
D)  interests 
E)  relationships 
A)  commitments 
B)  alternatives 
C)  options 
D)  interests 
E)  relationships

Question 10

Focus groups can deliver binding decisions in civil cases.

Accepted Answer

A) True 
 B)False

Question 11

The meeting between a mediator and one disputant outside the presence of the other disputant is called a _____.

Accepted Answer

A)  calumny. 
B)  consensus. 
C)  convention. 
D)  convocation. 
E)  caucus. 
A)  calumny. 
B)  consensus. 
C)  convention. 
D)  convocation. 
E)  caucus.

Question 12

What impact has the Federal Arbitration Act had on how the courts view arbitration?

Accepted Answer

The reenactment of the Federal Arbitrati

Question 13

According to Roger Fisher, William Ury, and Bruce Patton, the element of interest-based negotiation that instructs parties to brainstorm possible solutions to the dispute is referred to as:

Accepted Answer

A)  options. 
B)  collaboration. 
C)  puzzle-solving. 
D)  preparatory positioning. 
E)  legitimacy. 
A)  options. 
B)  collaboration. 
C)  puzzle-solving. 
D)  preparatory positioning. 
E)  legitimacy.

Question 14

To avoid costly public litigation, parties can agree to have a private third party decide the merits of their dispute.

Accepted Answer

A) True 
 B)False

Question 15

What functions do experts serve in an arbitration?

Accepted Answer

Arbitration has the advantage of submitt

Question 16

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

Accepted Answer

A) True 
 B)False

Question 17

What are the benefits and difficulties of choosing a panel of three arbitrators over a single arbitrator?

Accepted Answer

It is common to use one arbitrator who i

Question 18

Which of the following is true of mediation?

Accepted Answer

A)  Mediators tend to be more expert in the field than arbitrators so their decisions are less likely to be erroneous. 
B)  The disputing parties do not have control over the process, reducing preparation time. 
C)  Though mediation is typically more expensive than litigation and arbitration, the quality is often better. 
D)  A mediator cannot impose a binding solution on the parties as he is an interested party to the dispute. 
E)  A trial judge can require the disputing parties to submit to the mediation process before litigation. 
A)  Mediators tend to be more expert in the field than arbitrators so their decisions are less likely to be erroneous. 
B)  The disputing parties do not have control over the process, reducing preparation time. 
C)  Though mediation is typically more expensive than litigation and arbitration, the quality is often better. 
D)  A mediator cannot impose a binding solution on the parties as he is an interested party to the dispute. 
E)  A trial judge can require the disputing parties to submit to the mediation process before litigation.

Question 19

If a party is unhappy with the way a private arbitration is going, it may unilaterally close the proceedings and move the dispute to public litigation.

Accepted Answer

A) True 
 B)False

Question 20

The judicial review of an arbitrator's award in a voluntary proceeding is quite restricted and is more limited than the appellate review of a trial court's decision.

Accepted Answer

A) True 
 B)False

Exam 5: Alternative Dispute Resolution

Which of the following is true of arbitration procedures?

In order for a federal court to assume that parties did not intend to arbitrate, a court must believe with positive assurance that the parties did not intend to include the particular dispute in the arbitration clause.

What are the typical steps in the mediation process?

The Federal Arbitration Act is largely responsible for the prominent role and positive perception of arbitration among businesses today.

Ben and Jerry enter into a business agreement to assemble and sell prepackaged salads. In their written agreement, they both agree that they will be required to settle all disputes through arbitration. Which of the following is true of this situation?

Which of the following is true of arbitration?

Juries often decide close questions of liability, as well as size of the verdict, against business organizations.

What are some of the constitutional challenges to mandatory arbitration?

According to Roger Fisher, William Ury, and Bruce Patton, in principled negotiation, _____ are outcomes that are possible without the agreement of the other party.

Focus groups can deliver binding decisions in civil cases.

The meeting between a mediator and one disputant outside the presence of the other disputant is called a _____.

What impact has the Federal Arbitration Act had on how the courts view arbitration?

According to Roger Fisher, William Ury, and Bruce Patton, the element of interest-based negotiation that instructs parties to brainstorm possible solutions to the dispute is referred to as:

To avoid costly public litigation, parties can agree to have a private third party decide the merits of their dispute.

What functions do experts serve in an arbitration?

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

What are the benefits and difficulties of choosing a panel of three arbitrators over a single arbitrator?

Which of the following is true of mediation?

If a party is unhappy with the way a private arbitration is going, it may unilaterally close the proceedings and move the dispute to public litigation.

The judicial review of an arbitrator's award in a voluntary proceeding is quite restricted and is more limited than the appellate review of a trial court's decision.

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