Deck 2: Alternative Dispute Resolution

Question 1

There is a Securities and Exchange Commission rule that securities disputes be handled by arbitration if possible.

Answer 1

True
Explanation: Some specific statutes contain arbitration provisions. For instance, there is a Securities and Exchange Commission rule that securities disputes be handled by arbitration if possible.

Question 2

In the case of binding agreement, the awards should be consistent with the concept of stare decisis.

Answer 2

False
Explanation: In the case of binding agreement, there is generally no requirement that the awards should be consistent with the concept of stare decisis.

Question 3

Generally panels of arbitrators comprise an odd number of arbitrators.

Answer 3

True
Explanation: Generally panels comprise an odd number of arbitrators so that the decision will not be evenly split and therefore will not result in a tied decision.

Question 4

Resolving a dispute with the help of an alternative dispute resolution mechanism is more expensive and time-consuming than resolving it with the help of litigation.

Question 5

Minitrial is generally carried out after the case has been filed with the court.

Question 6

The decision reached by an arbitrator is called an award.

Question 7

If conciliation doesn't work, the next logical step after conciliation is summary jury trial.

Question 8

In the case of minitrials, generally, parties look at the problem as one of a business nature rather than a legal nature.

Question 9

Nonbinding arbitration agreements are almost always included in international commercial transactions as a way of avoiding international litigation.

Question 10

Arbitration involves the intervention of a disinterested third party into a dispute.

Question 11

Mediation and arbitration tend to be more expensive than litigation.

Question 12

If two parties involved in a dispute try to resolve their conflict using the ADR mechanism then they cannot proceed to the court litigation even if they are not satisfied with the ADR result.

Question 13

Conciliation involves intervention of a disinterested third party.

Question 14

The Equal Employment Opportunity Commission (EEOC), has instituted mandatory mediation of all suitable claims filed with the agency.

Question 15

Commercial arbitration addresses those employer/employee disputes where no union or collective bargaining agreement is in effect.

Question 16

Conciliation simply involves the parties talking to each other about their dispute, either orally or in writing, in an effort to reach a resolution of the conflict.

Question 17

In the case of binding arbitration, parties can decide to use the courts as another chance to resolve the dispute if they do not like the award.

Question 18

The alternative dispute resolution method used by administrative agencies wishing to avoid protracted litigation with interested groups over regulations which the agency wants to issue is mock trial.

Question 19

Arbitration is the easiest and cheapest method of dispute resolution.

Question 20

FMCS is a government agency that can be used by parties to conduct mediation of a dispute.

Question 21

Most often the mediator goes back and forth between the two parties and listens to their concerns and tries to find a way for each to get what he or she wants from the situation. This is known as _____.

A) piggybacking
B) skimming
C) social engineering
D) shuttle diplomacy

Question 22

Apex Corporation has a disagreement over the terms of an agreement with the national distributor of their product. Apex Corporation and the distributor talk to each other about their dispute, in an effort to reach a resolution of the conflict without involving intermediation by a disinterested third party. This is an example of _____.

A) conciliation
B) mediation
C) mock trial
D) arbitration

Question 23

_____ is the most useful alternative dispute resolution method when the parties wish to maintain an ongoing relationship but simply need help resolving the present conflict.

A) Mediation
B) Conciliation
C) Litigation
D) Coalition

Question 24

Because of its flexibility, the alternative dispute resolution system is also called _____ dispute resolution system.

A) universal
B) special
C) parallel
D) appropriate

Question 25

Which of the following statements is true regarding the alternative dispute resolution (ADR) mechanism?

A) Usually it is more expensive than litigation.
B) ADR outcomes are crafted by the parties.
C) Very few disputes are resolved by the ADR mechanism.
D) Usually it is more time consuming than litigation.

Question 26

In union negotiations, often the parties become so angry with each other, perceiving the other side to be recalcitrant and unwilling to be open to effective discussion of a given point, that it is more productive to allow a disinterested third party to go back and forth between the parties, speaking to each, to get them to focus on the real issues and reach an agreement. This is an example of _____.

A) conciliation
B) mediation
C) mock trial
D) arbitration

Question 27

Agreements the EEOC (Equal Employment Opportunity Commission) makes with employers locally, regionally, or nationally, under which the employer has an identified contact point with EEOC for scheduling the mediation of claims filed by employees with EEOC are known as _____.

A) Universal Agreements to Litigate
B) General Agreements for Claim Resolution
C) Universal Agreements to Mediate
D) General Agreements for Equal Employment Opportunity Universal Agreements to Mediate (UAMs), are agreements the EEOC makes with employers locally, regionally, or nationally, under which the employer has an identified contact point with EEOC for scheduling the mediation of claims filed by employees with EEOC.

Question 28

Under the statutory scheme of Title VII of the Civil Rights Act of 1964 and its administrative regulations, by law the parties must first attempt to _____ claims of employment discrimination before proceeding further.

A) mediate
B) conciliate
C) arbitrate
D) use minitrials for

Question 29

Which of the following statements is true regarding an ADR program attached to the court?

A) It increases court docket congestion.
B) It lightens the court's caseload.
C) It increases wait for court dates for litigants.
D) It increases the cost of dispute resolution.

Question 30

Conciliation is also known as _____.

A) mediation
B) arbitration
C) negotiation
D) mitigation

Question 31

Which of the following is an ADR mechanism that involves the intervention of a disinterested third party into a dispute and the third party can impose a decision, much like a judge does?

A) Conciliation
B) Mediation
C) Arbitration
D) Litigation

Question 32

Arbitration was primarily utilized:

A) for baseball disputes.
B) by unions.
C) for international trade disputes.
D) by public limited companies.

Question 33

_____ allow EEOC, to hold off on proceeding with the claim filed by the employee with EEOC and instead refer it back to the employer for handling by the employer's own internal EEOC approved mediation program.

A) Referral Back programs
B) Universal Agreements to Mediate
C) Federal Mediation and Conciliation Services
D) The Federal Arbitration Act

Question 34

The very first thing a party with a conflict should do is to attempt _____ with the other party to the dispute.

A) conciliation
B) arbitration
C) summary jury trial
D) mediation

Question 35

After mediation, the next most frequent ADR mechanism is _____.

A) shuttle diplomacy
B) litigation
C) conciliation
D) arbitration

Question 36

Which of the following statements is true regarding conciliation?

A) It is also known as mediation.
B) It is the easiest and the cheapest ADR method.
C) It is the last ADR method a party with a conflict should attempt and it is generally used just before litigation.
D) If conciliation doesn't work, the next logical step after conciliation is arbitration.

Question 37

The ADR mechanism is:

A) pursued after litigation.
B) very expensive.
C) very flexible.
D) time-consuming.

Question 38

Which of the following methods of dispute resolutions can be considered as the easiest and the cheapest?

A) Arbitration
B) Summary jury trial
C) Mediation
D) Conciliation

Question 39

You have conflict with a friend and a common friend of both of you talks to each of you separately and tries to get you to see the other's side of things or to look at things a different way in order to resolve the conflict. It is most likely to be an example of _____.

A) arbitration
B) conciliation
C) mediation
D) summary jury trial

Question 40

If conciliation doesn't work, the next logical step after conciliation is _____.

A) arbitration
B) summary jury trial
C) mediation
D) minitrial

Question 41

Some jurisdictions provide for _____ after cases have been filed if the case will require a great deal of time for trial and is unlikely to be settled by negotiation.

A) mock trials
B) summary jury trials
C) minitrials
D) regulatory negotiation

Question 42

Which of the following statements is true regarding regulatory negotiation?

A) It is generally carried out after the case has been filed with the court.
B) It involves assembling ordinary citizens and then asking them to act like a jury.
C) It is used by administrative agencies wishing to avoid protracted litigation with interested groups.
D) Lawyers for both sides assemble a panel of a neutral advisors and high-ranking business executives with settlement authority from each business.

Question 43

Which of the following statements is true regarding a minitrial?

A) Lawyers for both sides assemble a panel of a neutral advisors and high-ranking business executives with settlement authority from each business.
B) This method involves selecting a small jury just as a regular jury without telling them that their decision is not binding.
C) It involves assembling ordinary citizens and then asking them to act like a jury.
D) This mechanism is used by administrative agencies wishing to avoid protracted litigation with interested groups over regulations which the agency wants to issue.

Question 44

In which of the following ADR mechanisms, the arbitrator's award is virtually final, and can be reviewed only by a court of law for reasons involving unconstitutionality, abuse, collusion, or fraud in the third party's decision?

A) Conciliation
B) Nonbinding arbitration
C) Mediation
D) Binding arbitration

Question 45

Which of the following statements is true regarding a mock trial?

A) This mechanism is used by administrative agencies wishing to avoid protracted litigation with interested groups over regulations which the agency wants to issue.
B) It involves assembling ordinary citizens and then asking them to act like a jury.
C) It is generally carried out after the case has been filed with the court.
D) Lawyers for both sides assemble a panel of a neutral advisors and high-ranking business executives with settlement authority from each business.

Question 46

Define alternative dispute resolution (ADR).

Question 47

This mechanism is used by administrative agencies wishing to avoid protracted litigation with interested groups over regulations which the agency wants to issue. Identify the dispute resolution method in the discussion.

A) Summary jury trial
B) Minitrials
C) Mock trials
D) Regulatory Negotiation

Question 48

Which of the following is true regarding summary jury trial?

A) Lawyers for both sides assemble a panel of a neutral advisors and high-ranking business executives with settlement authority from each business.
B) This method involves selecting a small jury just as a regular jury without telling them that their decision is not binding.
C) It involves assembling ordinary citizens and then asking them to act like a jury.
D) This mechanism is used by administrative agencies wishing to avoid protracted litigation with interested groups over regulations which the agency wants to issue.

Question 49

In this alternative method of dispute resolution lawyers for both sides assemble a panel of a neutral advisors and high-ranking business executives with settlement authority from each business. Generally the parties look at the problem as one of a business nature rather than a legal nature and then go into settlement negotiations afterwards. Identify the dispute resolution method in the discussion.

A) Mock trials
B) Minitrials
C) Regulatory Negotiation
D) Summary jury trial

Question 50

In binding arbitration, the arbitrator's award cannot be reviewed if:

A) the award involves abuse and collusion.
B) the award is unconstitutional.
C) the only reason is that the parties do not like the award.
D) the award involves a fraud in the arbitrator's decision.

Question 51

_____ agreements are almost always included in international commercial transactions as a way of avoiding international litigation.

A) Conciliation
B) Binding arbitration
C) Mediation
D) Nonbinding arbitration

Question 52

If two parties involved in a dispute, decide to take help of The American Arbitration Association then the matters of scheduling the arbitration and hearing and paying for the arbitrator's services are arranged with the arbitrator by the _____.

A) Arbitration and Mediation Center
B) federal government
C) American Arbitration Association
D) parties involved in the dispute

Question 53

Discuss the need for alternative dispute resolution (ADR).

Question 54

Which of the following is most likely to address virtually all disputes to be arbitrated other than those where a union or a collective bargaining agreement is in effect?

A) Shuttle diplomacy
B) Commercial arbitration
C) Social engineering
D) Labor arbitration

Question 55

Which of the following methods of dispute resolution is most likely to be used by a regulatory agency to negotiate the provisions of the regulations with the interested groups so that there is less likelihood of a challenge once the regulations are promulgated?

A) Mock trials
B) Minitrials
C) Regulatory Negotiation
D) Summary jury trial

Question 56

The decision reached by an arbitrator is called a(n) _____.

A) endorsement
B) award
C) agreement
D) prize

Question 57

Which of the following is the largest arbitration organization in the U.S?

A) Federal Mediation & Conciliation Service
B) Chicago International Dispute Resolution Association
C) American Arbitration Association
D) Commercial Arbitration and Mediation Centre for the Americas (CAMCA)

Question 58

Which of the following statements is true regarding arbitration?

A) It does not involve a third party.
B) It may be binding or nonbinding.
C) The parties involved in the dispute attempt to resolve their conflict on their own.
D) It is the cheapest and the easiest ADR mechanism.

Question 59

Which of the following is true regarding the decision reached by the arbitrator in the case of binding arbitration?

A) The decision need not be consistent with the concept of stare decisis.
B) For binding agreements the arbitrator should be a lawyer.
C) The decision can be reviewed if the parties do not like the decision.
D) The decision reached by the arbitrator is known as an endorsement.

Question 60

In this method of dispute resolution, the attorney assembles ordinary citizens, asks them to act as jury, presents the case as if in court, and then requests them to make a decision. Hearing the decision and questioning the "jury" about their deliberations can be very instructive for the attorney in deciding how best to proceed with the case and whether to seek a path other than litigation. Identify the dispute resolution method in the discussion.

A) Mock trials
B) Minitrials
C) Regulatory Negotiation
D) Summary jury trial

Question 61

Discuss summary jury trial.

Question 62

Discuss conciliation.

Question 63

Explain with an example, mediation.

Question 64

What is the major difference between arbitration and mediation?

Question 65

Explain binding arbitration.

Question 66

What are the various advantages of alternative dispute resolution (ADR)?

Question 67

What is a mock trial? Explain its advantages.

Question 68

What is commercial arbitration?

Question 69

What is shuttle diplomacy?

Question 70

What is labor arbitration?

Question 71

Discuss regulatory negotiation.

Question 72

Discuss the structure and functioning of the American Arbitration Association.

Question 73

Discuss minitrials. How is it different from mock trials?

Question 74

What is arbitration?

Question 75

What are the various advantages of using a disinterested third party for mediation?