Exam 4: Alternative Dispute Resolution

If Coleman and Jade agree to arbitrate their dispute with the American Arbitration Association,which of the following statements would be false about their selection of an arbitrator?

What effect will the provision that the arbitration be conducted in the company's home state have on the agreement?

Was Dominic correct when he told Naomi that if she lost at the arbitration level,a federal judge would consider the case anew without consideration of the arbitration agreement?

How will the provision requiring that Ari pay the costs of the arbitration affect the agreement?

Which of the following is a type of ADR?

Which of the following is true for both arbitrations and trials?

Assume Emilia opted to arbitrate her claim against MegaTron,and the arbitrator awarded her $2,000,000 in punitive damages.MegaTron's officers were appalled and filed a lawsuit seeking to set aside the arbitrator's award.On what basis could a court overturn the arbitrator's award?

Sofia tells Gordon she wants to arbitrate their dispute.Gordon tells Sofia that if the arbitrator does not rule in her favor,they can appeal,but it is very difficult to overturn the decision of an arbitrator.Is Gordon correct?

A benefit of arbitration is which of the following,according to the text?

Which of the following could be a result of mediation?

Which of the following is false about a private trial?

How are arbitrations similar and dissimilar to a court trial?

A summary jury trial leads to a binding jury verdict.

If Coleman had signed a Submission Agreement,but subsequently decides to file a lawsuit against Jade,would Coleman still be required to arbitrate?

A clause in which the terms are "manifestly unfair or oppressive and are dictated by a dominant party" is called a[n] clause.

[Jade Shoes] Coleman owns a sporting goods store and has purchased top-quality,brand-name athletic shoes from Jade's Shoe Distribution for many years,but they have no written contract in place.Last month,Coleman learned that the latest shipment from Jade's are not authentic,brand-name shoes but instead a knock-off brand that costs a fraction of the price Coleman pays.Coleman cannot sell these shoes because his customers would know the difference,and Coleman demanded Jade refund him.Jade sent Coleman a written request for arbitration within thirty days.In response,Coleman called Jade,threatening to file a lawsuit against Jade and exposing her company as a fraud.Jade laughs,saying Coleman is required to arbitrate their dispute within thirty days. -Is Jade correct that they are required to arbitrate their dispute?

In which situation would an arbitrator's decision be called an "award"?

Which of the following is not an alternative to litigation?

When would a private trial usually occur?

Which of the following is true regarding the Uniform Mediation Act?