Deck 4: Alternative Dispute Resolution

Question 1

A neutral third-party decision maker has power to resolve disputes in arbitration and litigation,but not in negotiation or mediation.

Answer 1

True

Question 2

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.

Answer 2

True

Question 3

Alternative dispute resolution ADR)is a term that encompasses many different methods of dispute resolution processes other than litigation.

Answer 3

True

Question 4

Negotiation is often viewed as a win-win alternative dispute resolution strategy,where both parties try to reach a mutually satisfactory outcome.

Question 5

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

Question 6

The New York Convention is a federal statute that requires parties to submit to arbitration to resolve disputes if the contract into which they have entered mandates such arbitration.

Question 7

In today's economy,manufacturers call the shots and typically enjoy a superior bargaining position.

Question 8

Litigation is the best method of alternative dispute resolution to achieve a "win-win" outcome for both parties.

Question 9

One of the benefits of negotiation is that it provides clear,set rules and obligates both parties to negotiate until a satisfactory conclusion has been reached.

Question 10

All states require mediators to be licensed attorneys.

Question 11

The book "Getting to Yes" focuses on principled negotiation.

Question 12

Alternative dispute resolution is often used to resolve legal disputes when litigation has failed to reach a conclusion.

Question 13

A business to business negotiation is potentially unbalanced when one party has a much more powerful bargaining position than the other.

Question 14

Alternative dispute resolution methods are outside of the interests of the legal system.

Question 15

One of the best ways for parties to resolve simple legal disputes is to litigate their claims against each other,especially if they wish to maintain an ongoing business relationship with no hard feelings.

Question 16

Alternative dispute resolution may be attempted prior to litigation to resolve legal disputes.

Question 17

"Win-Win" is always the principle goal in any litigation.

Question 18

Arbitration and Litigation are considered much more Consensual actions on the ADR continuum,allowing parties to retain control over the process and ultimately decide the outcome.

Question 19

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.

Question 20

Litigation is a method of alternative dispute resolution in which the parties retain power to decide on a resolution themselves,without relying on a neutral decision maker.

Question 21

Arbitrators' decisions do not form binding precedent.

Question 22

Even if an agreement is reached in mediation,the mediation itself is usually not binding.

Question 23

Disputants do not get to choose their mediator.

Question 24

The Federal Arbitration Act is a federal statute that grants authority to state courts to hear disputes arising under contracts that contain mandatory arbitration clauses.

Question 25

Even if a legally enforceable contract has a mandatory arbitration clause,the parties to the contract under which the dispute arose can litigate their dispute in court if they wish to do so.

Question 26

An arbitration award can be converted to a judgment by the arbitrator.

Question 27

Despite the Federal Arbitration Act's broad interpretation,not all binding arbitration clauses have been upheld by courts in business to consumer cases.

Question 28

Prior to the mediation process,the mediator typically asks the parties to sign a mediation agreement.

Question 29

Mediation is used in disputes between businesses,such as in contract disputes.

Question 30

One benefit of ADR is that the party with the claim can force the other party to participate in the dispute resolution process,even if they do not want to,by serving them with a complaint.

Question 31

A case that his heard de novo is one in which all past arbitrations are taken into careful consideration,and all decisions act as precedent.

Question 32

Arbitration awards are always binding.

Question 33

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

Question 34

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

Question 35

Since contract law is state law,the federal government has declined to create policy or statutory law relating to alternative dispute resolution.

Question 36

As compared to litigation,mediation is relatively fast,inexpensive,and confidential.

Question 37

The U.S.Supreme Court interpreted the Federal Arbitration Act as Congress's declaration of a national policy in favor of arbitration.

Question 38

One drawback to mediation is that even after considerable effort by the parties in dispute,the mediation may fail.

Question 39

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.

Question 40

If negotiation fails as a form of alternative dispute resolution,mediation should not be attempted,because it will not work.

Question 41

Benefits of negotiation as a method of alternative dispute resolution include:

A)no set rules.
B)potential for speedy resolution.
C)freedom to parties to bargain unethically.
D)involvement of a neutral party.
E)guaranteed resolution of conflict.

Question 42

Private judging is essentially private litigation.

Question 43

A minitrial is similar to litigation.

Question 44

When a manufacturer refuses to pay to a long-standing supplier presently giving nonconforming goods,the resultant dispute is known as:

A)business to business conflict.
B)manufacturer to supplier conflict.
C)individual to individual conflict.
D)manufacturer driven conflict.
E)supplier driven conflict.

Question 45

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

Question 46

Parties working together to form a mutually acceptable agreement is:

A)commutation.
B)mediation.
C)arbitration.
D)litigation.
E)jury trial.

Question 47

A mediator's role does NOT include:

A)imposing a resolution upon the disputants.
B)finding common ground.
C)identifying common objectives.
D)seeking beneficial outcomes for all parties involved.
E)setting forth rules for the mediation.

Question 48

Identify the correct statement about mediators.

A)Requirements to be a mediator vary by state.
B)Mediators need to be subject matter experts of the disputes concerned.
C)Mediators provide advice on the subject matter of the dispute.
D)Mediators facilitate mediation to achieve involuntary agreements between parties.
E)There is a uniform licensing arrangement provided by the Federal law to certify a mediator.

Question 49

Which of the following is a drawback to negotiation as a method of alternative dispute resolution?

A)Slow resolution
B)Lack of privacy
C)No set rules
D)Parties participate involuntarily
E)The expensive nature of participation

Question 50

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

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

Question 51

Any U.S.Supreme Court case produces many progeny at the circuit court level.

Question 52

Refusing to accept any amount less than what was initially agreed upon is an example of a:

A)bargaining zone
B)affect heuristic.
C)decision staking.
D)reservation point.
E)representativeness heuristic.

Question 53

A negotiation concept which ensures that favorable terms are not rejected and unfavorable terms are not accepted is known as:

A)WATNA.
B)BATNA.
C)bargaining zone.
D)reservation point.
E)walk-away point.

Question 54

A negotiation concept used by negotiators to define the worst alternative outcomes prior to entering a negotiation is known as:

A)WATNA.
B)BATNA.
C)bargaining zone.
D)reservation point.
E)walk-away point.

Question 55

When the Federal Arbitration Act FAA)was originally passed,Congress intended that mandatory arbitration clauses be enforced in contracts between employers and employees,rather than between merchants.

Question 56

In med-arb,once the dispute resolution process enters the arbitration phase,the parties to a dispute will face a "win-win" outcome.

Question 57

The point to which parties to a negotiation are willing to trade or negotiate their positions and find an acceptable agreement is known as:

A)bargaining zone.
B)affect heuristic.
C)decision staking.
D)reservation point.
E)representativeness heuristic.

Question 58

Common methods of alternative dispute resolution include all of the following EXCEPT:

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

Question 59

The factor that differentiates mediation from negotiation is that mediation:

A)is not confidential.
B)seeks a win-win outcome for involved parties.
C)is slower than litigation
D)involves parties working toward a mutually acceptable solution.
E)involves a third party.

Question 60

One of the first strategies to resolve a business to business conflict in a long-standing relationship involves:

A)litigation.
B)suo moto notice.
C)mediation.
D)negotiation.
E)arbitration.

Question 61

In which of the following scenarios is mandatory arbitration considered fair?

A)Business to management
B)Business to employee
C)Business to consumer
D)Business to union
E)Business to business

Question 62

One of the benefits of mediation include:

A)the uniform set of rules to be followed.
B)the freedom to parties to bargain unethically.
C)the guaranteed resolution of conflict.
D)the binding nature of mediation agreement.
E)the relative expediency of reaching a resolution.

Question 63

A factor influencing the choice of a mediator is:

A)professional background.
B)gender.
C)race.
D)bank balance.
E)religion.

Question 64

An acceptable,voluntary agreement between parties in a legal dispute is:

A)never enforceable in law.
B)subject to litigation.
C)often a result of ADR efforts.
D)known as a judgment.
E)imposed by a neutral decision maker who has the power to deliver judgments.

Question 65

An)_____ is a mock trial presented to a jury whose verdict is nonbinding.

A)in-house trial
B)settlement trial
C)minitrial
D)med-arb
E)summary jury trial

Question 66

Which of the following is a drawback of private judging?

A)The judge who oversees the process is generally not very experienced in such matters as evidence and decision rendering.
B)In states where statutes permit hiring a judge for trials,the parties' ability to appeal is seldom preserved.
C)The hired judge presides over a private trial that is truncated by limits on abbreviated rules of procedure,as is the case with arbitration
D)The enforceability of judgments rendered is sometimes questionable.
E)The parties who pay for this service will have to wait to have their cases heard in the public court.

Question 67

A minitrial is an):
A)hybrid form of alternative dispute resolution in which elements of mediation and negotiation are used in tandem.

A)procedure that allows the parties to present their case to decision makers on both sides of the dispute,following discovery.
B)public affair.
C)in-house program that allows company employees to go directly to any level of management to file a complaint or grievance.
D)mock trial presented to a jury whose verdict is nonbinding.

Question 68

This Act entails parties to engage in arbitration when those parties have entered into legally binding contracts with a mandatory arbitration clause,provided the subject of those contracts involves commerce.

A)Title VII
B)The Lanham Act
C)The Arbitration Fairness Act
D)The Uniform Arbitration Act
E)The Federal Arbitration Act

Question 69

Which of the following statements is true of mediation?

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 70

A method of alternative dispute resolution in which parties vest authority in a neutral third-party decision maker is:

A)negotiation.
B)mediation.
C)minitrial.
D)arbitration.
E)public trial.

Question 71

In the context of arbitration,the process by which a court converts an arbitration award to a judgment is called:

A)a binding arbitration.
B)a nonbinding arbitration.
C)private judging.
D)a confirmation.
E)standing.

Question 72

Which of the following is a major benefit of an ethics hotline?

A)It allows company employees to go directly to any level of management to file a complaint.
B)It is a process in which active or retired judges may be hired for private trials.
C)The parties who can afford to pay for this service have a substantial benefit in not having to wait to have their cases heard in the public court.
D)Reporting parties generally,but not always,remain anonymous.
E)It allows parties to measure the strengths/weaknesses of their cases prior to engaging in litigation,which presumably saves both time and money.

Question 73

In an in-house business dispute resolution,mediation is often the method of alternative dispute resolution for:

A)advancement grievances.
B)medical malpractice litigation.
C)healthcare disputes.
D)business to business disputes.
E)business to consumer disputes.

Question 74

A hybrid form of alternative dispute resolution in which elements of mediation and arbitration are used in tandem is known as:

A)litigation.
B)arbitration.
C)negotiated arbitration.
D)functional mediation.
E)med-arb.

Question 75

In business,which of the following methods of alternative dispute resolution is more often used in disputes between employers and employees about topics such as workplace conditions,wrongful discharge,or advancement grievances?

A)Arbitration
B)Minitrials
C)Negotiation
D)Mediation
E)Collaborative goal-oriented processes

Question 76

This type of in-house program generally hears complaints from stakeholders,such as employees or customers.

A)Minitrial
B)Summary jury trial
C)Private judging
D)Anonymous ethics hotline
E)Ombudsmen's office

Question 77

An arbitrator's decision rendered after hearing the cases presented by the parties to an arbitration is called an):

A)judgment.
B)arbitration award.
C)novation.
D)binding arbitration.
E)standing.

Question 78

In binding arbitration,_____.

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 79

An in-house policy in which company managers allow employees to bring grievances directly to them to resolve any potential disputes immediately is an):

A)ethics hotline policy.
B)outside counsel policy.
C)open-door policy.
D)med-arb policy.
E)methodical policy.

Question 80

A statute adopted in whole or in part by some states,which seeks to create consistency in arbitration proceedings between states is the:

A)Uniform Arbitration Act.
B)Variable Arbitration Act.
C)Binding Arbitration Act.
D)Nonbinding Arbitration Act.
E)Revised Binding Arbitration Act.