Exam 5: Alternative Dispute Resolution

Mandatory arbitration proceedings are generally subject to a de novo judicial review if a party is dissatisfied with the award.

Why would a business choose to settle a dispute with a customer rather than litigate, even if the business is likely to prevail?

The federal system and all state systems require arbitration hearings to comply with established rules of evidence.

With regard to dispute resolution, what is a focus group and why and when might one be used?

James has been appointed as an arbitrator in a dispute. Which of the following can he do without the danger of it constituting misconduct?

In most state statutes authorizing voluntary arbitration, the agreement to submit to arbitration may be written or oral.

The final step of a successful mediation is:

Each state has its own licensing regulations for arbitrators.

Often, to provide a dress rehearsal for jury trials, attorneys argue their cases in front of a(n) _____ on the basis of assumed facts, presenting arguments and expected evidence to this mock jury composed of citizens.

In the absence of a statute, the rights and duties of the parties to a submission for arbitration are described and limited by:

The act of referring a matter to arbitration is called:

The difference between a mediator and an arbitrator is that:

If arbitration is conducted pursuant to state statute:

Typically, mediators utilize the principles of:

In most cases, an arbitrator's award:

Discuss arbitral awards and their relation to the courts.

Positional bargaining is an approach based on principled, interest-based negotiations.

Interest-based negotiations are superior to position-based negotiation because:

An arbitrator must be a lawyer or a judge in good standing in the community where the arbitration is to take place.

Positional negotiation creates barriers to resolution that may be removed by using principles instead of positions.