Deck 4: Alternative Tools of Dispute Resolution

Question 1

Resolving a dispute through alternative dispute resolution sets a precedent for future cases.

Answer 1

False

Question 2

Which of the following is a characteristic of alternative dispute resolution?

A) They generally consume more time than litigations.
B) The person presiding over the resolution process is assigned by a court.
C) The presiding person is more likely to be familiar with the subject matter of the dispute than a judge would be.
D) The formal hearing times cannot be changed to accommodate the parties involved.

Answer 2

C

Question 3

Which of the following is the least adversarial of the formal methods of dispute resolution?

A) mediation
B) arbitration
C) private trial
D) summary jury trial

Answer 3

A

Question 4

Under the National Labor Relations Act, before engaging in an economic strike to achieve better wages, hours, or working conditions under a new collective bargaining agreement, a union must first contact the and attempt to contract demands.

A) FMCS; mediate
B) FTC; mediate
C) FMCS; arbitrate
D) FTC; arbitrate

Question 5

Which of the following is true of a mediator?

A) A mediator should arrive at a final decision.
B) A mediator can be obtained from the local bar association.
C) A person who does not have a background in law is generally preferred as a mediator.
D) If the mediator is not from a governmental organization, the agreement signed during mediation is not valid.

Question 6

Which of the following statements is true of mediation?

A) A mediator is appointed by a court.
B) The proceedings of mediation can be used in litigations.
C) Mediation is more time-consuming and expensive than litigation.
D) Mediation is used increasingly to resolve insurance claim disputes and commercial contract problems.

Question 7

Which of the following statements is true about negotiation and settlement?

A) It is a formal ADR method that delivers a verdict.
B) Most lawyers attempt negotiation before taking a case to trial.
C) It involves an independent or neutral third party.
D) It is mandatory for both the parties to be represented by a lawyer.

Question 8

In , the neutral third party attempts to help the parties draft agreements.

A) neutral case evaluation
B) arbitration
C) litigation
D) mediation

Question 9

Which of the following statements is true of alternative dispute resolution?

A) Parties using alternative dispute resolution are likely to face adverse publicity.
B) Alternative dispute resolution is generally more expensive than litigation.
C) Alternative dispute resolution generally leads to loss of confidentiality and trade secrets.
D) Alternative dispute resolution methods are less time-consuming, and the formal-hearing times and places can be set to accommodate the parties.

Question 10

Which of the following is a reason to use mediation to resolve environmental disputes?

A) It is the most adversarial ADR method.
B) It can easily accommodate multiple parties.
C) The proceedings of mediation are confidential.
D) The agreement reached in mediation is not legally binding.

Question 11

Mediation differs from arbitration in that .

A) a mediator makes no final decision, whereas an arbitrator provides a decision for the parties
B) whatever transpires during mediation can be used as evidence in court, but the proceedings of arbitration remain confidential
C) mediation offers lesser potential for creative solutions than arbitration
D) a mediator is appointed by a court, whereas an arbitrator is chosen by the disputants

Question 12

Atlos Inc. is the primary customer of the raw materials provided by Arcturis Inc. Atlos is unhappy about the previous batch of materials supplied, which has led to a dispute between the two corporations. But, in spite of their dispute, the two companies prefer to continue doing business. Hence, they wish to resolve the dispute in an informal manner without a neutral third party. Which of the following dispute resolution methods is likely to work best for them?

A) negotiation and settlement
B) early neutral case evaluation
C) arbitration
D) mediation

Question 13

Satarn, Inc. often does business with Scorpeo, Inc. Recently, the two corporations had a minor dispute. However, they wish to continue doing business with one another for which their relationship should be preserved. They came to an agreement that whatever transpires during the resolution process should be confidential. Which of the following dispute resolution methods should they choose?

A) litigation
B) mediation
C) arbitration
D) summary jury trials

Question 14

Lawyers generally avoid negotiation and settlement as a method of dispute resolution.

Question 15

Successful negotiation of a settlement requires each party to give up something in exchange for getting something from the other party.

Question 16

Andrew is a mediator with a dispute resolution firm. He has been selected to mediate a dispute between two corporations. Which of the following statements is true of his powers?

A) Andrew can reach a judgment that will be binding on both parties.
B) Andrew can make a final decision that will be used as evidence by a court.
C) Andrew can help the disputants draft an agreement that will be binding.
D) Andrew can deliver a binding judgment only if the parties do not reach an agreement.

Question 17

Mediation is a process by which the parties to a dispute come together informally, either with or without their lawyers, and attempt to resolve their dispute. No independent or neutral third party is involved.

Question 18

The process of negotiation and settlement differs from arbitration in that .

A) the process of negotiation takes place in a much more formal setting than in arbitration
B) representation by legal counsel is not mandatory in negotiation, unlike in arbitration
C) no neutral third party is involved in the negotiation process, unlike in arbitration
D) the proceedings of negotiation preserves confidentiality, whereas arbitration must be recorded for review

Question 19

In , the neutral third party makes no final decision.

A) mediation
B) arbitration
C) private trials
D) summary jury trials

Question 20

Which of the following alternative dispute resolution methods does not involve a neutral third person?

A) negotiation and settlement
B) early neutral case evaluation
C) minitrial
D) mediation

Question 21

Which of the following provides sufficient grounds to set aside an arbitrator's award?

A) The parties were not represented by attorneys.
B) The arbitrator did not cite any conclusions of law in the award.
C) The arbitrator refused to postpone the hearing despite sufficient cause.
D) The arbitrator did not request arbitration briefs before providing a decision.

Question 22

If their contract contains no binding arbitration clause, the parties may secure arbitration by entering into a agreement.

A) remission
B) subrogation
C) submission
D) protestation

Question 23

Critics of mediation argue that it creates an impression of equality even when none exists.

Question 24

Usually, a submission agreement will specify all but which of the following conditions?

A) whether a mock jury will render a post-arbitration verdict
B) the place where the arbitration will take place
C) a time by which the arbitration must be scheduled
D) any constraints on the arbitrator's authority to remedy the dispute

Question 25

Mediators decide the terms of agreements.

Question 26

Which of the following statements is true of a submission agreement?

A) It is a binding clause in a contract mandating all disputes to be settled by arbitration.
B) It specifies the nature of the dispute and how the arbitrator will be selected.
C) It is an agreement stating that both parties agree to abide by the mediator's decision.
D) It is an agreement provided in court stating how contract disputes are to be settled.

Question 27

Gemeni, Inc. has acquired land adjacent to a forest region to construct a manufacturing plant. This has led to a dispute with the land owners of that region. Gemeni also expects various environmental groups to become involved in the dispute. If it wants to have a good relationship with these parties, which of the following methods of dispute resolution should it choose?

A) private trial
B) litigation
C) arbitration
D) mediation

Question 28

Which of the following statements is true about an award in arbitration?

A) An arbitrator's decision is called an award only if monetary compensation is given.
B) An arbitrator must cite precedents for the award.
C) An award does not have to state any findings of fact or conclusions of law.
D) An arbitrator strictly applies a rule of law while arriving at a decision.

Question 29

Which of the following statements is true about arbitration?

A) Arbitration is less efficient than litigation.
B) An official record of the arbitration hearing is always made to check for discrepancies.
C) An arbitrator can question the witness for information.
D) A legal counsel is required in arbitration.

Question 30

Usually, a submission agreement will specify all but which of the following conditions?

A) how the arbitrator will be selected
B) the nature of the dispute
C) whether a mediator will render a preliminary judgment
D) any constraints on the arbitrator's authority to remedy the dispute

Question 31

A contract of prohibits a consumer from meaningfully negotiating the inclusion and terms of a mandatory arbitration clause in a consumer purchase contract.

A) dilution
B) omission
C) regression
D) adhesion

Question 32

is the resolution of a dispute by a neutral third party outside the judicial setting.

A) Mediation
B) Negotiation
C) Early neutral case evaluation
D) Arbitration

Question 33

The arbitrator's decision is called the .

A) award
B) certification
C) order
D) verdict

Question 34

Which of the following best defines arbitration briefs?

A) They are written arguments from both parties.
B) They are official records of proceedings of the case.
C) They are documents providing reasons for a decision.
D) They are documents detailing the financial statements of both parties.

Question 35

Which of the following statements is true of an arbitrator?

A) An arbitrator must have a background in law.
B) An arbitrator is usually assigned by a court.
C) An arbitrator has no say on the substantive and procedural rules to be followed.
D) An arbitrator's decision is called an award.

Question 36

Which of the following is not a canon of the Arbitrator's Code of Ethics?

A) An arbitrator will uphold the integrity and fairness of the arbitration process.
B) If the arbitrator has an interest or relationship that is likely to affect his or her impartiality or that might create an appearance of partiality or bias, it must be disclosed.
C) An arbitrator, in communicating with the parties, should avoid impropriety or the appearance of it.
D) An arbitrator will research the parties involved in the dispute and the nature of the dispute prior to the arbitration hearing in order to reach preliminary notions regarding the relative strengths and weaknesses of each party's case.

Question 37

A(n) agreement is a separate agreement providing that a specific dispute be resolved through arbitration.

A) escrow
B) submission
C) binding
D) unanimous consent

Question 38

Which of the following is true of a binding arbitration clause?

A) The parties that have drawn up the contract can choose the arbitrator.
B) The parties that have agreed on this clause can resolve their disputes in a federal court.
C) It cannot be included in a collective bargaining agreement.
D) It usually indicates that both parties agree to be bound by the arbitrator's award.

Question 39

The Federal Mediation and Conciliation Service provides early neutral case evaluation.

Question 40

State the criticisms of mediation.

Question 41

Which of the following is a difference between arbitration and litigation?

A) Arbitration is conducted in a judicial setting, whereas litigation is not.
B) A judge's decision is more likely to be a compromise than an arbitrator's decision.
C) The prehearing discovery phase is longer in arbitration than in litigation.
D) An arbitrator takes a more active role in questioning a witness than would a judge.

Question 42

An arbitrator's award may be set aside if the arbitrator exceeded his or her authority in making the award.

Question 43

Alice and Mary are the two parties in a dispute. They have recently gone through the process of mediation, but Alice is unhappy with the results and wants to go through arbitration. Which of the following statements is true of this scenario?

A) The parties decide whether to allow what transpired during mediation to be permitted as evidence in arbitration.
B) The mediator of this dispute must become the arbitrator as well.
C) Mary can select the arbitrator if Alice wants to go through arbitration.
D) The arbitrator can provide a decision that is binding on both Alice and Mary.

Question 44

What is a submission agreement, and what conditions are usually specified in such an agreement?

Question 45

According to Section 10 of the Federal Arbitration Act, what are the four grounds on which an arbitrator's award may be set aside?

Question 46

According to the National Consumer Arbitration Program, arbitrators can award damages for personal injuries suffered as a result of a defective product.

Question 47

In some states, public employees must submit collective bargaining disputes to binding arbitration.

Question 48

An arbitrator's decision is called an award only if monetary compensation is ordered.

Question 49

There is a prehearing discovery phase in arbitration.

Question 50

Why is an arbitrator's decision likely to be a compromise?

Question 51

Which of the following statements is true of the National Consumer Arbitration Program?

A) The arbitrator can award punitive damages.
B) It can only hear cases that have been dismissed from court.
C) Arbitration through this program is more expensive than a lawsuit in court.
D) Arbitrators cannot award damages beyond the value of the product in question.

Question 52

The American Arbitration Association (AAA) is a private, nonprofit organization.

Question 53

Which of the following is a problem associated with arbitration?

A) The arbitrators are chosen based on the demographics of the disputants.
B) Allegations of race, sex, and age discrimination cannot be annexed to arbitration.
C) Arbitration allows industries to hide its disputes from the public.
D) Disputes involving intellectual property rights cannot be resolved through arbitration.

Question 54

The Equal Employment Opportunity Commission (EEOC) can seek remedies in discrimination cases, even when a binding arbitration agreement exists to settle all employment- related disputes.

Question 55

Both federal and state courts must defer to arbitration if the contract in dispute contains a binding arbitration clause.

Question 56

List what should be included in a drafter's "checklist" for ensuring that a mandatory arbitration clause is not unconscionable.

Question 57

An arbitrator's decision is much more likely to be a compromise than a decision handed down by a court.

Question 58

More than 95 percent of the collective bargaining agreements in force today have some provision for early neutral case evaluation.

Question 59

What are the common uses of arbitration?

Question 60

In some U.S. states, disputes involving less than a certain amount of money automatically go to arbitration.

Question 61

The neutral third party in provides an opinion on the strengths and weaknesses of a case.

A) a private trial
B) early neutral case evaluation
C) arbitration
D) litigation

Question 62

Which of the following statements is a characteristic of minitrials?

A) Minitrials are unsuitable for complex matters.
B) The neutral adviser in minitrials is given the authority to settle a case if the corporate executives cannot resolve it.
C) Minitrials are likely to harm the relationship between the disputants as there is no direct communication between them.
D) Minitrials are generally held to appeal an arbitrator's decision.

Question 63

Which of the following statements is true of private trials?

A) The use of private trials by disputants with sufficient resources is likely to improve public courts.
B) A party dissatisfied with a referee's judgment cannot move for a new trial.
C) The jurors are a typical jury, accurately representing the idea "jury of one's peers."
D) The cases are tried by a referee selected and paid by the disputants.

Question 64

Which of the following statements is true of minitrials?

A) The neutral adviser generally does not settle a dispute.
B) The parties are not represented by their attorneys.
C) The settlement authority resides with a jury.
D) It is a lawsuit in which the right to trial by jury has been waived.

Question 65

The settlement authority of a minitrial resides with the neutral adviser.

Question 66

Who has settlement authority in a minitrial?

A) senior executives of the disputing corporations
B) the attendant trial court judge
C) the attendant appellate court judge
D) the minijury

Question 67

is presided over by a neutral adviser, but the settlement authority resides with senior executives of the disputing corporations.

A) Non-binding arbitration
B) Binding arbitration
C) A minitrial
D) Mediation

Question 68

Why does the Federal Arbitration Act (FAA) want to limit a court's power over an arbitration award?

Question 69

Blee Scales, Inc. and Emerold, Inc. are involved in a dispute over a complex matter. They are currently seeking ways to resolve this dispute. Emerold Inc. does not want to abide by a decision from a third party as it feels that the issue is too complicated for outsiders to understand fully. However, it wants to know the likely outcome if the dispute went to trial. Which of the following dispute resolution methods should Emerold, Inc. choose?

A) minitrials
B) private trials
C) arbitration
D) negotiation and settlement

Question 70

According to critics, what are the negative consequences of the use of private trials?

Question 71

In trials, cases are tried by a(n) selected and paid for by the disputants.

A) private; referee
B) private; arbitrator
C) public; referee
D) public; arbitrator

Question 72

Which of the following is a difference between arbitration and minitrials?

A) The disputants are not represented by legal counsel in a minitrial, unlike in arbitration.
B) The parties are more likely to be involved in direct communication during arbitration than in minitrials.
C) The neutral party in arbitration is appointed by a court, but they are selected by the disputants in a minitrial.
D) The neutral adviser in minitrials provides an opinion on the case, whereas the arbitrator delivers a binding decision.

Question 73

Satirn, Inc. is facing a dispute from one of its competitors. Satirn wants to keep the proceedings confidential. It wants to obtain a binding judgment as it believes that it has a strong case. Which of the following methods of dispute resolution should it choose?

A) private trial
B) arbitration
C) summary jury trial
D) negotiation and settlement

Question 74

Which of the following is a difference between a private trial and litigation?

A) The disputants select the neutral party in a private trial, but a judge is assigned to a lawsuit.
B) Private trials need to be held with a jury, but the parties can waive their right to a jury in litigations.
C) A judge has to state the conclusions of law, whereas a referee in a private trial need not.
D) The disputants decide whether to be bound by the referee's verdict in a private trial, but not in a lawsuit.

Question 75

Arnold is the in-house counsel of Frankin, Inc., a wealthy corporation that is facing a dispute with a consumer. The allegations made by the consumer can be potentially damaging for the corporation. The directors of Frankin want to avoid a trial in court. However, they are likely to get a judgment in their favor as they have a strong case. If Arnold feels that an educated jury will be favorably disposed toward Frankin, Inc., which of the following alternative methods of dispute resolution should he recommend?

A) private trial
B) arbitration
C) mediation
D) summary jury trial

Question 76

In , parties select a neutral third party and explain their respective positions to this third party, who then evaluates the strengths and weaknesses of their cases. This evaluation guides the parties in reaching a settlement.

A) binding arbitration
B) non-binding arbitration
C) mediation
D) early neutral case evaluation

Question 77

Which of the following is a difference between minitrials and private trials?

A) Minitrials offer jury services, whereas private trials do not.
B) Private trials ensure confidentiality, whereas minitrials do not.
C) The neutral party reports findings of facts to a court in minitrials, but not in private trials.
D) Private trials require a greater degree of direct communication between disputants than minitrials.

Question 78

In a private trial, the referee is empowered by statute to enter a legally binding judgment.

Question 79

Which of the following alternate dispute resolution methods empowers the neutral party to enter a legally binding judgment?

A) private trial
B) summary jury trial
C) negotiation and settlement
D) early neutral case evaluation

Question 80

A criticism of is that it/they may lead to the development of a two-tier system of justice.

A) minitrials
B) private trials
C) arbitration
D) mediation