Question 1

A negotiation between a seller and a buyer begins with each party stating their respective expectations in a competitive style.The seller starts with as high an asking price as is considered reasonable.Likewise,the buyer begins with the lowest reasonable price.In the context of negotiation methods,this scenario is an example of _____.

Accepted Answer

A)  positional bargaining 
B)  principled negotiation 
C)  distributive negotiation 
D)  fact bargaining 
E)  surface bargaining

Question 2

The _____ of the U.S.Constitution are often used to set aside state laws that deny arbitration of a certain dispute.

Accepted Answer

A)  Takings Clause and the Establishment Clause 
B)  Bill of Rights and the Twelfth Amendment 
C)  Commerce Clause and the Supremacy Clause 
D)  Third and the Fourth Amendments 
E)  Due Process Clause and the Takings Clause

Question 3

_____ has been described as a better approach to negotiating among disputing parties in the book Getting to Yes by Roger Fisher,William Ury,and Bruce Patton.

Accepted Answer

A) Positional,competition-based bargaining 
B) Fact-based bargaining 
C) Distributive negotiation 
D) Principled,interest-based negotiation 
E) Surface negotiation

Question 4

Juries often decide close questions of liability,as well as size of the verdict,against business organizations.

Accepted Answer

A) True 
 B)False

Question 5

Briefly state the types of cases that come under statutorily mandated arbitration and the procedure followed.

Accepted Answer

The answer of Briefly state the types of cases that...

Question 6

Unlike mandatory arbitration,voluntary arbitration is __________.

Accepted Answer

A)  based on parties' agreement after dispute arises or on contract clause before dispute arises 
B)  unconstitutional in most states 
C)  coercive because it provides an unfair advantage to the party creating the contract 
D)  time consuming and expensive when compared to litigation 
E)  impractical because agreements are too difficult to reach in early contract negotiations

Question 7

When the disputing parties agree to resolve all matters of contention that they can and agree to arbitrate the unresolved matters,they are said to be using an alternative dispute resolution technique known as _____.

Accepted Answer

A)  judicial review 
B)  judicial activism 
C)  submission 
D)  Med-Arb 
E)  a caucus

Question 8

In the context of dispute resolution,what is a focus group and why and when can it be used?

Accepted Answer

The answer of In the context of dispute resolution,what is...

Question 9

Mandatory arbitration can be constitutional if __________.

Accepted Answer

A)  the disputing parties include a contract clause for arbitration in the agreement before dispute arises 
B)  licensed arbitrators preside over all proceedings 
C)  all disputing parties agree in advance to be bound by the arbitration award 
D)  fair procedures are provided by the legislature and ultimate judicial review is available 
E)  it is bound by the Supremacy Clause and the Commerce Clause of the U.S. Constitution

Question 10

Briefly discuss arbitral awards and their relation to the courts.

Accepted Answer

The answer of Briefly discuss arbitral awards and their relation...

Question 11

Briefly discuss the approach to negotiation described in the book Getting to Yes by Roger Fisher,William Ury,and Bruce Patton,which discusses the seven elements of negotiation.What is the focus of the book,and how do the authors hope to change the focus of negotiation through it?

Accepted Answer

The answer of Briefly discuss the approach to negotiation described...

Question 12

What are the advantages of using an expert rather than a judge as an arbitrator?

Accepted Answer

The answer of What are the advantages of using an...

Question 13

What is arbitral misconduct? List five instances of arbitrator misconduct that would lead to the vacating of an arbitrator's award.

Accepted Answer

The answer of What is arbitral misconduct? List five instances...

Question 14

Which of the following statements is true of principled,interest-based negotiations?

Accepted Answer

A)  They typically begin in a competitive style with the disputing parties stating their respective expectations. 
B)  They involve seven elements that vary in importance depending on the factual situation in dispute and on the parties' individual perspectives. 
C)  They are concerned only with preparing for litigation to settle disputes. 
D)  They require the presence of a judge or magistrate to come up with a reasonable outcome that is better than the disputing parties' alternatives. 
E)  They force parties to choose alternatives, which are outcomes that are agreeable to everyone involved.

Question 15

Which of the following statements is true of arbitrators?

Accepted Answer

A)  Arbitrators generally are chosen by the Supreme Court. 
B)  Arbitrators' decisions are rarely binding on the disputing parties. 
C)  Arbitrators must satisfy the licensing requirements of the American Arbitration Association. 
D)  Arbitrators should be disinterested in the financial effect of a decision. 
E)  Arbitrators are rarely approached by the disputing parties to resolve the parties' differences.

Question 16

Courts throughout the United States have uniformly upheld mandatory arbitration statutory schemes as against the constitutional challenges where a dissatisfied party can reject an arbitrator's award and seek a de novo judicial review of that award.

Accepted Answer

A) True 
 B)False

Question 17

The final step to a successful mediation is __________.

Accepted Answer

A)  submitting any conclusions to a judge for judicial approval prior to implementation 
B)  the writing and signing of the agreement by the disputing parties 
C)  providing all evidence obtained during the mediation to the parties' attorneys for use in the next phase of litigation 
D)  submitting the signed agreements to focus groups for approval 
E)  turning the results over to an arbitrator as a submission for arbitration

Question 18

_____ arise when parties already in dispute decide that arbitration is better than litigation.

Accepted Answer

A)  Postdispute mandatory arbitrations 
B)  Involuntary arbitrations 
C)  Injunctions 
D)  Predispute contract-based clauses 
E)  Postdispute arbitration agreements

Question 19

Compare and contrast voluntary and mandatory arbitration.

Accepted Answer

The answer of Compare and contrast voluntary and mandatory arbitration....

Question 20

To avoid the various expenses of litigation,disputing parties can agree to have a third party decide the merits of their dispute.

Accepted Answer

A) True 
 B)False

Exam 5: Alternative Dispute Resolution

The _____ of the U.S.Constitution are often used to set aside state laws that deny arbitration of a certain dispute.

_____ has been described as a better approach to negotiating among disputing parties in the book Getting to Yes by Roger Fisher,William Ury,and Bruce Patton.

Juries often decide close questions of liability,as well as size of the verdict,against business organizations.

Briefly state the types of cases that come under statutorily mandated arbitration and the procedure followed.

Unlike mandatory arbitration,voluntary arbitration is __________.

When the disputing parties agree to resolve all matters of contention that they can and agree to arbitrate the unresolved matters,they are said to be using an alternative dispute resolution technique known as _____.

In the context of dispute resolution,what is a focus group and why and when can it be used?

Mandatory arbitration can be constitutional if __________.

Briefly discuss arbitral awards and their relation to the courts.

Briefly discuss the approach to negotiation described in the book Getting to Yes by Roger Fisher,William Ury,and Bruce Patton,which discusses the seven elements of negotiation.What is the focus of the book,and how do the authors hope to change the focus of negotiation through it?

What are the advantages of using an expert rather than a judge as an arbitrator?

What is arbitral misconduct? List five instances of arbitrator misconduct that would lead to the vacating of an arbitrator's award.

Which of the following statements is true of principled,interest-based negotiations?

Which of the following statements is true of arbitrators?

Courts throughout the United States have uniformly upheld mandatory arbitration statutory schemes as against the constitutional challenges where a dissatisfied party can reject an arbitrator's award and seek a de novo judicial review of that award.

The final step to a successful mediation is __________.

_____ arise when parties already in dispute decide that arbitration is better than litigation.

Compare and contrast voluntary and mandatory arbitration.

To avoid the various expenses of litigation,disputing parties can agree to have a third party decide the merits of their dispute.