Question 1

The decision by an arbitrator is called a(n):

Accepted Answer

A)  submission. 
B)  award. 
C)  verdict. 
D)  judgment. 
E)  edict. 
A)  submission. 
B)  award. 
C)  verdict. 
D)  judgment. 
E)  edict.

Question 2

What is the role of judicial review in voluntary contract-based arbitration awards?

Accepted Answer

In most cases, the award resulting from

Question 3

What is arbitral misconduct? List five instances of arbitrator misconduct that would lead to the vacating of an arbitrator's award.

Accepted Answer

Although difficult to precisely define,

Question 4

A party dissatisfied with the mandatory arbitration award has the right to:

Accepted Answer

A)  appeal the award directly to the state supreme court. 
B)  appeal the award directly to the U.S. Supreme Court. 
C)  reject the award and seek a review in the appropriate trial court. 
D)  sue the arbitrator. 
E)  ignore the disputed award. 
A)  appeal the award directly to the state supreme court. 
B)  appeal the award directly to the U.S. Supreme Court. 
C)  reject the award and seek a review in the appropriate trial court. 
D)  sue the arbitrator. 
E)  ignore the disputed award.

Question 5

According to Roger Fisher, William Ury, and Bruce Patton, _____ is the element of interest-based negotiation that involves the application of accepted standards to the topic negotiated-rather than having the parties state unsupported propositions.

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 6

Individual states are not limited by the Constitution when they make laws that deny arbitration of certain disputes

Accepted Answer

A) True 
 B)False

Question 7

Who frames the issues to be resolved in arbitration?

Accepted Answer

A)  The arbitrator 
B)  The judge 
C)  The parties to the dispute 
D)  The Supreme Court 
E)  The National Federation of Arbitrators 
A)  The arbitrator 
B)  The judge 
C)  The parties to the dispute 
D)  The Supreme Court 
E)  The National Federation of Arbitrators

Question 8

The sole source of qualified expert arbitrators currently is the American Arbitration Association.

Accepted Answer

A) True 
 B)False

Question 9

Litigation is the quickest method of dispute resolution.

Accepted Answer

A) True 
 B)False

Question 10

The arbitrator chooses the issues of the hearing to be resolved.

Accepted Answer

A) True 
 B)False

Question 11

_____ occurs when a trial judge requires the disputing parties to submit to the mediation process before a complaint can be litigated formally.

Accepted Answer

A)  Restorative justice 
B)  Party-directed mediation 
C)  Precursor mediation 
D)  A caucus 
E)  Court-annexed mediation 
A)  Restorative justice 
B)  Party-directed mediation 
C)  Precursor mediation 
D)  A caucus 
E)  Court-annexed mediation

Question 12

Rules related to court-annexed mediation are federally mandated.

Accepted Answer

A) True 
 B)False

Question 13

A negotiated settlement is generally more expensive and time-consuming than litigation.

Accepted Answer

A) True 
 B)False

Question 14

What are the four grounds that section 10 of the Federal Arbitration Act provides for vacating an arbitration award?

Accepted Answer

Section 10 of the FAA provides four grou

Question 15

The arbitrator should be disinterested in any financial impact of the decision.

Accepted Answer

A) True 
 B)False

Question 16

The court mandates an enforcement mechanism that ensures the parties will mediate in good faith.

Accepted Answer

A) True 
 B)False

Question 17

Which of the following is true of the Federal Arbitration Act?

Accepted Answer

A)  It covers any arbitration clause in a contract that involves interstate commerce. 
B)  It favors litigation over arbitration in cases where an arbitration clause is ambiguous. 
C)  It nullifies the rights of parties to litigate disputes if an arbitration clause exists. 
D)  It ensures that arbitration is used only in federal cases, and not in state cases. 
E)  It guarantees that all arbitration clauses are irrevocable under any circumstances. 
A)  It covers any arbitration clause in a contract that involves interstate commerce. 
B)  It favors litigation over arbitration in cases where an arbitration clause is ambiguous. 
C)  It nullifies the rights of parties to litigate disputes if an arbitration clause exists. 
D)  It ensures that arbitration is used only in federal cases, and not in state cases. 
E)  It guarantees that all arbitration clauses are irrevocable under any circumstances.

Question 18

The Magnuson-Moss Warranty Act provides that if a business adopts an informal dispute resolution system to handle complaints about its product warranties, then a customer cannot sue the manufacturer or seller for breach of warranty without first going through the informal procedures. How does the act benefit the business and the consumer?

Accepted Answer

Student answers should address the flexi

Question 19

Contract-based arbitration is considered to be:

Accepted Answer

A)  voluntary because both parties have willingly agreed to participate. 
B)  unconstitutional in most states because it limits redress of grievances. 
C)  coercive because it provides an unfair advantage to the party originating the contract. 
D)  restrictive and undesirable because of expense and time considerations. 
E)  legally impractical because these agreements are too difficult to reach in early contract negotiations. 
A)  voluntary because both parties have willingly agreed to participate. 
B)  unconstitutional in most states because it limits redress of grievances. 
C)  coercive because it provides an unfair advantage to the party originating the contract. 
D)  restrictive and undesirable because of expense and time considerations. 
E)  legally impractical because these agreements are too difficult to reach in early contract negotiations.

The decision by an arbitrator is called a(n):

What is the role of judicial review in voluntary contract-based arbitration awards?

What is arbitral misconduct? List five instances of arbitrator misconduct that would lead to the vacating of an arbitrator's award.

A party dissatisfied with the mandatory arbitration award has the right to:

According to Roger Fisher, William Ury, and Bruce Patton, _____ is the element of interest-based negotiation that involves the application of accepted standards to the topic negotiated-rather than having the parties state unsupported propositions.

Individual states are not limited by the Constitution when they make laws that deny arbitration of certain disputes

Who frames the issues to be resolved in arbitration?

The sole source of qualified expert arbitrators currently is the American Arbitration Association.

Litigation is the quickest method of dispute resolution.

The arbitrator chooses the issues of the hearing to be resolved.

_____ occurs when a trial judge requires the disputing parties to submit to the mediation process before a complaint can be litigated formally.

Rules related to court-annexed mediation are federally mandated.

A negotiated settlement is generally more expensive and time-consuming than litigation.

What are the four grounds that section 10 of the Federal Arbitration Act provides for vacating an arbitration award?

The arbitrator should be disinterested in any financial impact of the decision.

The court mandates an enforcement mechanism that ensures the parties will mediate in good faith.

Which of the following is true of the Federal Arbitration Act?

Contract-based arbitration is considered to be:

Law As a Foundation for Business

The Role of Ethics in Decision Making

The Court System

Litigation

The Constitution

The Property System

Contract Formation

Contractual Performance and Breach

Torts Affecting Business

Intellectual Property

International Law

Criminal Law and Business

Business Organizations

The Regulatory Process

Regulating Competition_Antitrust Laws

Financial and Securities Regulations

Privacy and Consumer Protection

Environmental Regulation and Resource Sustainability

Discrimination in Employment

Employment Laws

Labor-Management Relationship

Filters

Exam 5: Alternative Dispute Resolution

The decision by an arbitrator is called a(n):

What is the role of judicial review in voluntary contract-based arbitration awards?

What is arbitral misconduct? List five instances of arbitrator misconduct that would lead to the vacating of an arbitrator's award.

A party dissatisfied with the mandatory arbitration award has the right to:

According to Roger Fisher, William Ury, and Bruce Patton, _____ is the element of interest-based negotiation that involves the application of accepted standards to the topic negotiated-rather than having the parties state unsupported propositions.

Individual states are not limited by the Constitution when they make laws that deny arbitration of certain disputes

Who frames the issues to be resolved in arbitration?

The sole source of qualified expert arbitrators currently is the American Arbitration Association.

Litigation is the quickest method of dispute resolution.

The arbitrator chooses the issues of the hearing to be resolved.

_____ occurs when a trial judge requires the disputing parties to submit to the mediation process before a complaint can be litigated formally.

Rules related to court-annexed mediation are federally mandated.

A negotiated settlement is generally more expensive and time-consuming than litigation.

What are the four grounds that section 10 of the Federal Arbitration Act provides for vacating an arbitration award?

The arbitrator should be disinterested in any financial impact of the decision.

The court mandates an enforcement mechanism that ensures the parties will mediate in good faith.

Which of the following is true of the Federal Arbitration Act?

Contract-based arbitration is considered to be:

Law As a Foundation for Business

The Role of Ethics in Decision Making

The Court System

Litigation

The Constitution

The Property System

Contract Formation

Contractual Performance and Breach

Torts Affecting Business

Intellectual Property

International Law

Criminal Law and Business

Business Organizations

The Regulatory Process

Regulating Competition_Antitrust Laws

Financial and Securities Regulations

Privacy and Consumer Protection

Environmental Regulation and Resource Sustainability

Discrimination in Employment

Employment Laws

Labor-Management Relationship

Filters