Exam 3: Alternative and Online Dispute Resolution

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Little Shops,Inc. ,and Mega Stores Corporation ask an arbitrator to resolve their dispute,which involves a matter of significant public concern.This is a ground for a court to

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A

Quinn and Ridgeline Cablevision Company engage in litigation.A distinguishing feature of judicial dispute resolution is that

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Mandatory arbitration clauses in employment contracts are generally enforceable.

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Seaside Hotels,Inc. ,adopts an alternative dispute resolution (ADR)program.Tess,a current employee,signs an agreement under which arbitration is subject to "Seaside's rules,with the employee to bear all costs of the proceeding." When a dispute arises,Tess refuses to arbitrate.Seaside files a suit to compel arbitration.The court will most likely

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A court will not review whether an arbitrator's award is valid.

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Milo files a suit against Otis.At the trial,each party's attorney presents the party's case before a judge who hears the dispute and renders a legally binding decision.This is

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Donatello files a suit against Erasmus.Before going to trial,the parties meet,with their attorneys to represent them,to try to resolve their dispute without the involvement of a third party.This is

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To resolve a dispute between Jo in Kansas City and Luc in Miami,NetServ,like most online dispute resolution (ODR)services,would apply the law of

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Most states do not enforce agreements to arbitrate disputes between private parties.

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A choice-of-law clause designates the jurisdiction for the litigation of disputes arising under a contract.

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QuikSet Concrete Company and Rocky's Quarry,Inc. ,agree in writing to submit a dispute to arbitration.The Uniform Arbitration Act

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An arbitrator's award will not be set aside simply because the arbitrator let only one side argue its case.

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Owen,in Pennsylvania,and Quay Docks,Inc. ,in Maryland agree to have their dispute resolved in arbitration according to the law of Virginia.This is a ground for a court to

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The goal of mediation is to work out a resolution that benefits both sides to a dispute.

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The verdict in a summary jury trial is only advisory.

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Simplex Corporation agrees to deliver a certain grade of silicon to TruTools Company.When the silicon arrives,TruTools claims that it is an inferior grade.The parties submit their dispute to Uri,an arbitrator who is an expert in the silicon industry.Who sets the rules for an arbitration proceeding ?Are these rules likely to be less restrictive or more restrictive than the rules governing a court proceeding ?Why?

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Mikhail and Nika engage in online dispute resolution (ODR).A distinguishing feature of ODR is that

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Arbitration clauses are often found in contracts governing the international sale of goods.

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Mediation is adversarial in nature.

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Fair Trade Company and Good Shipping.Inc. ,have their dispute resolved in arbitration.The arbitrator meets with Fair's representative to discuss the dispute outside the presence of Good's representative,before determining the award.If this meeting substantially prejudiced Good's rights,a court will most likely

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