Deck 3: Alternative and Online Dispute Resolution

Question 1

Mediation is not without disadvantages.

Answer 1

True

Question 2

Few corporate lawsuits are settled or dismissed before they go to trial.

Answer 2

False

Question 3

A summary jury trial is not a "mock" trial,but a short,actual trial.

Answer 3

False

Question 4

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

Question 5

The verdict in a summary jury trial is only advisory.

Question 6

In arbitration,the third party's decision may,or may not,be legally binding.

Question 7

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

Question 8

A submission occurs when one of the parties to arbitration agrees to give up his or her claims.

Question 9

The online negotiation of a dispute is generally simpler and more practical than litigation.

Question 10

An arbitrator's award may be set aside if the arbitrator accepted a bribe.

Question 11

Mandatory arbitration clauses in employment contracts are generally enforceable.

Question 12

A compulsory arbitration in a consumer contract may be unconscionable.

Question 13

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

Question 14

An arbitrator's fact-findings and legal conclusions are normally final.

Question 15

A mini-trial is a private proceeding in which each party's attorney argues the party's case before the other party.

Question 16

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

Question 17

In mediation,the mediator proposes a solution that includes what compromises are necessary to reach an agreement.

Question 18

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

Question 19

Mediation is adversarial in nature.

Question 20

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

Question 21

To resolve a dispute,Ripley in South Dakota and Tyler in Utah utilize Virtual Solution,an online dispute resolution (ODR)service.This limits these parties' recourse to the courts

A)not at all.
B)until the ODR service has issued a decision.
C)with respect to any dispute arising between them.
D)with respect to this dispute only.

Question 22

Fact Pattern
Morsels Restaurant,Inc. ,and Nature Foods Corporation dispute a term in their contract.
Refer to Fact Pattern 3-1B.A faster settlement of the dispute between Morsels and Nature may be reached through

A)arbitration because the case will be heard by a mini-jury.
B)litigation because few disputes actually go to trial.
C)mediation because the parties can minimize the procedural rules.
D)negotiation because the dispute will be resolved by an expert.

Question 23

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

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

Question 24

Jane and Kristy sign a contract that provides that if a dispute arises,they will submit to arbitration.A dispute arises,but before it goes to arbitration,Jane files a suit against Kristy.The court will likely

A)hear the suit and then order the parties to arbitrate.
B)hear the suit without ordering the parties to arbitrate.
C)order relief without hearing the suit or compelling the parties to arbitrate.
D)order the parties to arbitrate.

Question 25

Fact Pattern
Morsels Restaurant,Inc. ,and Nature Foods Corporation dispute a term in their contract.

-Refer to Fact Pattern 3-1B.Oona,a third party,resolves the dispute between Morsels and Nature.In most states,Oona must issue an award or decision in writing

A)if the resolution involved arbitration.
B)if the resolution involved mediation.
C)if the resolution involved negotiation.
D)under no circumstances

Question 26

Jackson files a suit against Lance.Before going to trial,the parties,with their attorneys,meet to try to resolve their dispute.A third party suggests or proposes a resolution,which the parties may or may not decide to adopt.This is

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

Question 27

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

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

Question 28

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

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

A)the jurisdiction in which the complainant is located.
B)the jurisdiction in which the respondent is located.
C)the jurisdiction in which the ODR service is located.
D)none of the choices.

Question 30

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

A)all aspects of the proceeding can be done online.
B)a face-to-face presentation is required but not in a specific location.
C)a physical presence is required in a specific location.
D)no part of the process can be done online.

Question 31

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

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

Question 32

O'Reilly files a suit against Petrarch.They meet,and each party's attorney 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 encourage them to settle their dispute.This is

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

Question 33

A clause in a contract between Tall Timber Corporation,a U.S.firm,and Wang Woods,Ltd. ,a Japanese firm,specifies that disputes over the contract will be adjudicated in the United States.This is

A)a domestic-dispute clause.
B)a forum-selection clause.
C)an adjudication clause.
D)an arbitration clause.

Question 34

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

A)order arbitration according to Seaside's rules.
B)order arbitration but suspend Seaside's rules.
C)refuse to order arbitration if Seaside refuses to split the costs.
D)refuse to order arbitration if Tess lacks the ability to pay.

Question 35

Velvety Pancake House,Inc. ,a U.S.firm,and Wallaby Waffles,Ltd. ,an Australian firm,enter into a contract that does not have a forum-selection or choice-of-law clause.Litigation between Velvety and Wallaby over a dispute involving this contract may occur in

A)Australia only.
B)Australia or the United States,but not both.
C)Australia,the United States,or both.
D)the United States only.

Question 36

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

A)all aspects of the proceeding can be done online.
B)a face-to-face presentation is required but not in a specific location.
C)a physical presence is required in a specific location.
D)no part of the process can be done online.

Question 37

EZ Assembly,Inc. ,and Factory Outlet Stores have their dispute resolved in arbitration.The arbitrator makes a mistake in a conclusion of law.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 38

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

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

Question 39

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

A)a mini-trial.
B)a summary jury trial.
C)litigation.
D)not a legitimate form of dispute resolution.

Question 40

Lamont files a suit against Melvin.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 renders a legally binding decision.This is

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

Question 41

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?

Question 42

Nolan contracts with Onsite Games,Inc. ,to deliver a quantity of video and computer games to Nolan's Play+Trade Game Store.At the time for delivery-just before the beginning of the annual gift-giving season-they disagree over the number,the price,and the quality of the games.Nolan files a suit against Onsite in a state court.The state requires that the dispute be submitted to court-annexed arbitration.What is the difference between voluntary arbitration and court-annexed arbitration ?If the dispute is not resolved,or if either party disagrees with the decision of the arbitrator,will a court hear the case? Explain.