Deck 3: Alternative and Online Dispute Resolution

Question 1

In mediation,a court assigns the mediator.

Answer 1

False

Question 2

Alternative dispute resolution refers to any method for resolving a dispute outside the court system.

Answer 2

True

Question 3

A forum-selection clause in a contract designates which nation's law will be applied to any dispute.

Answer 3

False

Question 4

Negotiation involves the parties to a dispute,with or without their attorneys.

Question 5

On appeal of an arbitrator's award,a court will look at the merits of the underlying dispute.

Question 6

Most online dispute resolution services apply general,universal legal principles to resolve disputes.

Question 7

All courts require arbitration before a case goes to trial.

Question 8

Pretrial mediation is never mandatory.

Question 9

Alternative dispute resolution methods are generally less expensive and time con?suming than actual litigation.

Question 10

The federal government enforces agreements to arbitrate disputes between private parties.

Question 11

An arbitrator can render only a legally binding decision.

Question 12

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

Question 13

An arbitrator's award may be set aside if it was the result of corruption or fraud.

Question 14

In early neutral case evaluation,a third party's evaluation of each party's strengths and weaknesses forms the basis for negotiating a settlement.

Question 15

An arbitrator's error in judgment is sufficient to provide a basis for overturning an award.

Question 16

Virtually any dispute can be the subject of arbitration.

Question 17

Parties can choose a particular state law to govern their arbitration agreement.

Question 18

Assisted negotiation describes proceedings for minors and other parties who lack contractual "capacity."

Question 19

The award in court-annexed arbitration is always binding on the parties.

Question 20

A court's scope of review on the appeal of an arbitrator's award may be restricted.

Question 21

Shelly and Tom disagree over the amount of money due under their con?tract.To avoid involving any third party in a resolution of the dispute,Shelly and Tom might prefer to use the alternative dispute resolution method of

A)arbitration.
B)litigation.
C)mediation.
D)negotiation.

Question 22

Kato and Leilani dispute the quality of a collection of sports memorabilia sold over the Internet.They agree to resolve this dispute in 2BRNot2B.com,an online forum.Like most online forums,2BRNot2B.com applies

A)general,universal legal principles.
B)ICANN's Rules for Uniform Dispute Resolution Processes.
C)jurisprudence developed by CAN-WIN.
D)the law of California (or another specific U.S.jurisdiction).

Question 23

Fact Pattern
Organico Café,Inc. ,and Pleasant Valley Farm Corporation dispute a term in their contract.
Refer to Fact Pattern 3-A1.If Organico and Pleasant Valley have a long-standing business relationship that they would like to continue,a preferred method of set?tling their dispute may be mediation because

A)the case will be heard by a mini-jury.
B)the dispute will eventually go to trial.
C)the process is not adversarial.
D)the resolution of the dispute will be decided an expert.

Question 24

Chelsea and Dion agree to arbitrate their dispute over the terms for,and the performance of,a delivery of eggs.The arbitrator's decision is called

A)a conclusion of law.
B)a finding of fact.
C)an award.
D)a verdict.

Question 25

Olivia files a suit against Parker.If this suit is like most cases,it will be

A)dismissed during a trial.
B)dismissed or settled before a trial.
C)resolved only after a trial.
D)settled at a trial.

Question 26

Phil submits his claim against Quito to ReSolve.com,a private,online dispute resolution forum.At any time,an appeal of the dispute to a court may be made by

A)no one.
B)Phil only.
C)Phil or Quito.
D)ReSolve.com only.

Question 27

All-American Engineering,Inc. ,disputes the use of "all-american.com" as a domain name by All-American Export Company.For this dispute,the Internet Corporation for Assigned Names and Numbers (ICANN)operates

A)a blog for the public to comment on the issues and the parties.
B)an online arbitration system.
C)a record of all officially approved business names and numbers.
D)special courts in Washington,D.C. ,and other major cities.

Question 28

Salon Products,Inc. ,and Trim n' Clip Stylists agree in writing to submit their dispute to arbitration.The Federal Arbitration Act

A)dictates the terms of the agreement.
B)provides the means for enforcing the agreement.
C)sets out the proper subject matter of the agreement.
D)voids the agreement as a violation of public policy.

Question 29

Fact Pattern
Organico Café,Inc. ,and Pleasant Valley Farm Corporation dispute a term in their contract.
Refer to Fact Pattern 3-A1.The least expensive method to resolve the dis?pute between Organico and Pleasant Valley may be

A)arbitration because the case will be heard by a mini-jury.
B)litigation because each party will pay its own legal fees.
C)mediation because the dispute will be resolved by a non-expert.
D)negotiation because no third parties are needed.

Question 30

Fact Pattern
Organico Café,Inc. ,and Pleasant Valley Farm Corporation dispute a term in their contract.
Refer to Fact Pattern 3-A1.Resolving the dispute between Organico and Pleasant Valley by having a neutral third party render a binding decision is one of the ad?vantages of

A)arbitration.
B)facilitation.
C)negotiation.
D)mediation.

Question 31

Deepwell Drilling Service and Eco-Refuge,Inc. ,agree to have their dispute resolved in arbitration.The arbitrator makes an erroneous finding of fact.This is a ground for a court to

A)do nothing.
B)review the merits of the dispute.
C)review the sufficiency of the evidence.
D)set aside the award.

Question 32

Pixie files a suit against Quiver.Before going to trial,the parties meet,with their attorneys to represent them,to present their dispute to a third party who is not a judge but who imposes a resolution on the parties.This is

A)arbitration.
B)mediation.
C)negotiation.
D)not a legitimate form of dispute resolution.

Question 33

Global Enterprises,Inc. ,uses the services of the Internet Corporation for Assigned Names and Numbers (ICANN).ICANN's purpose is to

A)arbitrate international commercial disputes between private parties.
B)facilitate the litigation of any cyberspace dispute.
C)focus on the negotiation of any e-commerce dispute.
D)oversee the distribution of domain names.

Question 34

Vince files a suit against Will.Vince and Will meet,and each party's at?torney argues the party's case before a judge and jury.The jury presents an advisory verdict,after which the judge meets with the parties to en?courage them to settle their dispute.This is

A)court-ordered arbitration.
B)early neutral case evaluation.
C)a mini-trial.
D)a summary jury trial.

Question 35

Berle,a dairy farmer,and Clover Creamery,Inc. ,are engaged in court-annexed arbitra?tion proceedings.The award will be binding on

A)Berle and Clover.
B)neither Berle nor Clover.
C)the losing party only.
D)the prevailing party only.

Question 36

TransCorp,Inc. ,and UniShip,Inc. ,agree to a contract that includes an arbitration clause.If a dispute arises,a court having ju?ris?dic?tion may

A)monitor any arbitration until it concludes.
B)order an arbitrator to rule in a particular way.
C)order a party to bring the dispute to court.
D)order a party to submit to arbitration.

Question 37

Ivy files a suit against José.Before going to trial,the parties meet,and each party's attorney argues the party's case before the other party.If they fail to reach an agreement,a third party renders an opinion as to how a court would likely decide the dispute.This is

A)a mini-trial.
B)a summary jury trial.
C)early neutral case evaluation.
D)not a legitimate form of dispute resolution.

Question 38

Faraway Sales Corporation,a U.S.firm,and Globe Transport,a Dutch firm,enter into a contract that includes an arbitration clause.This clause must provide that the arbitrator will be

A)the American Arbitration Association.
B)the International Chamber of Commerce.
C)the United Nations.
D)any third party.

Question 39

Elwin and Financial Funds,Inc. ,dispute the terms of a certain investment agreement,over which they engage in online dispute resolution (ODR).ODR is essentially a form of

A)alternative dispute resolution (ADR).
B)judicial dispute resolution (JDR).
C)traditional dispute resolution (TDR).
D)trial by ordeal (TBO).

Question 40

Rocko Corporation,a U.S.firm,and Siena,S.A. ,a Columbian firm,enter into a contract providing that any dispute between them will be heard in a specific British court.Litigation between Rocko and Siena over a dispute involving this contract may occur in

A)a Columbian court only.
B)a court in Columbia,the United States,or Great Britain.
C)a U.S.court only.
D)the specified British court only.

Question 41

Roy agrees to work as a financial advisor on a commission basis for Secure Investments,Inc. ,and signs an employment contract that in?cludes an arbitration clause.A dispute arises over the amount of Roy's commission.Roy files a suit against Secure Investments,seeking $25,000 in unpaid commissions and $50,000 in other damages.Secure Invest?ments insists that the parties submit the dispute to arbitration.On what Roy believes is insufficient evidence,the arbitrator awards Roy only $500 and issues a written opinion that includes an erroneous finding of fact and a mistaken conclusion of law.Can Roy successfully challenge this award in court? Why or why not?

Question 42

Ethanol Products,Inc. ,and Fuel Oil Corporation submit a dispute to arbi?tration.Garth,the arbitrator,is not a judge or a lawyer.How,then,can Garth's decision have the force of law and be binding on the parties involved?