Question 1

Under federal law,national policy favors:

Accepted Answer

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

Question 2

An absolute refusal to take less than $10,000 per acre in a land deal would be considered a "reservation point."

Accepted Answer

A) True 
 B)False  True

Question 3

_____ is an arbitrator's decision rendered after hearing the cases presented by the parties to an arbitration.

Accepted Answer

Arbitration award

Question 4

Alternative dispute resolution ADR)is a common method of dispute resolution that avoids many of the challenges associated with:

Accepted Answer

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

Question 5

Parties with unequal bargaining power often form a mentor-mentee relationship during negotiations,where the most powerful party teaches the least power party how to negotiate,but never takes advantage of the power differential.

Accepted Answer

A) True 
 B)False

Question 6

Congress enacted the Federal Arbitration Act through its Commerce Clause powers.

Accepted Answer

A) True 
 B)False

Question 7

What are the drawbacks of mediation?

Accepted Answer

The answer of What are the drawbacks of mediation?...

Question 8

Which of the following statements is true of mediation?

Accepted Answer

A) It is more formal than negotiation but less formal than arbitration or litigation. 
B) It involves more costs when compared to litigation. 
C) If an agreement is reached,the mediation itself is usually binding. 
D) The mediator renders a verdict in favor of one side or the other. 
E) Regardless of the fact of disputants' reluctance to participate in the mediation process,the mediation will work.

Question 9

Private judging is essentially private litigation.

Accepted Answer

A) True 
 B)False

Question 10

_____ is a litigant's request for remedy or judgment.

Accepted Answer

The answer of _____ is a litigant's request for remedy...

Question 11

A statute that requires parties that have entered into contracts with mandatory arbitration clauses to submit to arbitration to resolve disputes arising under such contracts if it involves commerce is the:

Accepted Answer

A) Arbitration Fairness Act. 
B) Federal Administration Act. 
C) Federal Arbitration Act. 
D) Uniform Arbitration Act. 
E) State Arbitration Act.

Question 12

All states require mediators to be licensed attorneys.

Accepted Answer

A) True 
 B)False

Question 13

The _____ Clause in Article VI of the U.S.constitution declares the federal law to be supreme.

Accepted Answer

The answer of The _____ Clause in Article VI of...

Question 14

In binding arbitration,_____.

Accepted Answer

A) parties involuntarily submit to the arbitration procedure. 
B) the arbitration award is final. 
C) the arbitration award can be appealed to a court. 
D) either party may reject the arbitration award and demand a trial instead. 
E) the parties may choose to resolve their dispute through litigation if the arbitration award is rejected by a party.

Question 15

Arbitration is a method of alternative dispute resolution in which parties vest authority in a neutral third-party decision maker who will hear the case and issue a decision.

Accepted Answer

A) True 
 B)False

Question 16

A plan or course of action that directs or influences decisions or processes to desired outcomes or objectives is known as:

Accepted Answer

A) judgment. 
B) verdict. 
C) trial. 
D) lawsuit. 
E) policy.

Question 17

_____ is a process in which active or retired judges may be hired for private trials.

Accepted Answer

The answer of _____ is a process in which active...

Question 18

The bargaining zone is the area in which parties to a negotiation are willing to trade,barter,or negotiate their positions and within which the parties can find an acceptable agreement.

Accepted Answer

A) True 
 B)False

Question 19

Mediation requires _____ participation between willing parties to reach a mutually agreeable resolution.

Accepted Answer

The answer of Mediation requires _____ participation between willing parties...

Question 20

A summary jury trial is a mock trial presented to a jury whose verdict is binding.

Accepted Answer

A) True 
 B)False

Exam 4: Alternative Dispute Resolution

Under federal law,national policy favors:

An absolute refusal to take less than $10,000 per acre in a land deal would be considered a "reservation point."

_____ is an arbitrator's decision rendered after hearing the cases presented by the parties to an arbitration.

Alternative dispute resolution ADR) is a common method of dispute resolution that avoids many of the challenges associated with:

Parties with unequal bargaining power often form a mentor-mentee relationship during negotiations,where the most powerful party teaches the least power party how to negotiate,but never takes advantage of the power differential.

Congress enacted the Federal Arbitration Act through its Commerce Clause powers.

What are the drawbacks of mediation?

Which of the following statements is true of mediation?

Private judging is essentially private litigation.

_____ is a litigant's request for remedy or judgment.

A statute that requires parties that have entered into contracts with mandatory arbitration clauses to submit to arbitration to resolve disputes arising under such contracts if it involves commerce is the:

All states require mediators to be licensed attorneys.

The _____ Clause in Article VI of the U.S.constitution declares the federal law to be supreme.

In binding arbitration,_____.

Arbitration is a method of alternative dispute resolution in which parties vest authority in a neutral third-party decision maker who will hear the case and issue a decision.

A plan or course of action that directs or influences decisions or processes to desired outcomes or objectives is known as:

_____ is a process in which active or retired judges may be hired for private trials.

The bargaining zone is the area in which parties to a negotiation are willing to trade,barter,or negotiate their positions and within which the parties can find an acceptable agreement.

Mediation requires _____ participation between willing parties to reach a mutually agreeable resolution.

A summary jury trial is a mock trial presented to a jury whose verdict is binding.