Deck 23: Arbitration and Mediation Glossary

Question 1

A motion to vacate an arbitration award may be combined with a motion to modify the award.

Answer 1

True

Question 2

A contract to arbitrate need not the scope of submission, as that aspect of arbitration is covered by the Uniform Arbitration Act.

Answer 2

False

Question 3

A party may apply for a modification of an arbitration award on which of the following grounds:

A) The tribunal has exceeded the scope of submission.
B) There is a need to correct a clerical error or ambiguous language.
C) The language or form of the award creates some collateral problem for the party.
D) all of the above.

Answer 3

D

Question 4

The arbitrators' misunderstanding of the law is grounds for setting aside an arbitration award.

Question 5

Define
binding arbitration

Question 6

What set of rules must a party follow to serve a subpoena in an arbitration proceeding?

A) The Uniform Arbitration Act.
B) The tribunal has the authority to establish its own rules for this purpose.
C) The rules of common law.
D) The rules of civil procedure.

Question 7

Define
non-binding arbitration

Question 8

Define
scope of submission

Question 9

The tribunal must administer oaths to witnesses since evidence must be taken under oath.

Question 10

The Uniform Arbitration Act expressly provides that any party has a right to be represented by an attorney at law.

Question 11

Arbitrators cannot be sued for money damages for malfeasance in the performance of their duties, or for negligence or even fraud.

Question 12

A paralegal may handle any aspect of an arbitration proceeding, except the presentation of evidence and the argument for an award in favor of the client.

Question 13

If a court vacates an award, the court shall:

A) order the parties to commence a civil action.
B) order a new arbitration hearing before new arbitrators.
C) issue its own award in summary proceedings.
D) order the parties to settle by other means.

Question 14

If an arbitration tribunal consists of three members, how many must actually attend the arbitration hearing?

A) 0
B) 1
C) 2
D) 3

Question 15

Define
mediation

Question 16

An application for modification of an award must be made within days after the award is delivered to the party. If application for modification is duly made, the opposing party has a right to serve and deliver an objection to modification to the tribunal within days.

A) 10; 10
B) 10; 20
C) 20; 10
D) 20; 20
E) none of the above.

Question 17

To employ arbitration or mediation, a dispute must be based upon a claim of the type that courts will handle.

Question 18

Due to the nature of arbitration, the law requires contracts to arbitrate to be in writing.

Question 19

Define
respondent

Question 20

Define
petitioner

Question 21

What is the most common method for selecting the particular arbitrators for the tribunal?

Question 22

If a dispute arises over the scope of submission in an arbitration agreement, who resolves the dispute?

Question 23

What may the prevailing party do if the other party refuses to voluntarily comply with the terms of the award?

Question 24

How may an arbitration award be enforced against a party who refuses to abide by the award?

Question 25

What would be the result in an instance where the parties have a contract to arbitrate, but the plaintiff elects to commence a civil suit anyway?

Question 26

Will a court force parties to arbitrate if both parties agree that they do not want to arbitrate their dispute and, instead, want to have a trial?

Question 27

Why may an arbitration tribunal not handle probate matters, divorce, adoptions, child custody issues, or determine title to real estate?

Question 28

What may the parties do if they disagree whether they are obligated by contract to arbitrate their dispute?

Question 29

If the parties include an arbitration agreement in their contract for the sale of property, is the arbitration agreement enforceable even though the parties did not know at the time they included the arbitration clause? What disputes might arise under their sales agreement? Why?

Question 30

What may a party do if, following an arbitration award, it becomes clear that there was evident partiality by an arbitrator appointed as neutral, or corrup- tion in any of the arbitrators, or misconduct prejudicing the rights of any party?