Deck 20: Dispute Resolution Services

Question 1

If parties sign contracts containing arbitration clauses generally waive their right:

A) To complain about the contract in the future.
B) To modify the contract.
C) To take disputes to court.
D) All of the above.

Answer 1

C

Question 2

The traditional means for resolving disputes are:

A) All-out wars.
B) Friendly negotiations
C) Moderated negotiations
D) Both A and B

Answer 2

D

Question 3

Over 130 countries have signed what agreement to enforce commercial arbitration awards from other countries?

A) European Union Agreement.
B) New York Agreement.
C) United Nations Agreement.
D) World Court Agreement.

Answer 3

B

Question 4

If an accounting firm becomes involved in disputes with their clients and employees they are now a(n):

A) mediator
B) dispute participant
C) arbitrator
D) plaintiff

Question 5

Which mediation style doesn't the mediator express opinions with respect to the facts of the case or the reasonableness of the participants' negotiating positions?

A) Facilitative.
B) Evaluative.
C) Participative.
D) Arbitrational.

Question 6

Disputes that are settled out of court are referred to as?

A) Settlements.
B) Alternative dispute resolution.
C) Judgments.
D) Verdicts.

Question 7

The four roles that forensic accountants can assist in the out of court settlement process is often referred to as the:

A) Arbitration process.
B) Litigation process.
C) Expert assistance process.
D) Mediation process.

Question 8

Which of the following is an advantage of Alternative Dispute Resolution over litigation?

A) Court battles can be very expensive.
B) Many companies would prefer not to air their problems in public courtrooms.
C) Litigation often embitters the participants, but in many cases ADR mediation can actually help build business relationships.
D) All of the above.

Question 9

Arbitration also involves a:
a. rented judge
b. rented jury
c. neutral third party
d. Both A and B

Question 10

Which of the following is a means of settling out of court?

A) Arbitration.
B) Mediation.
C) Deliberation.
D) Both a and b.

Question 11

Which of the following is a benefit of online dispute resolution?

A) Asynchronicity.
B) High cost.
C) The parties are forced to meet face to face.
D) All of the above.

Question 12

When does mediation work best?

A) When one party has information on the other that makes them succumb to the others demands.
B) When both parties are at the end of their ropes and ready to sue each other.
C) When both sides desire in advance to reach a negotiated solution.
D) When one side desires in advance to reach a negotiated solution.

Question 13

What are some examples of specific services that Accountants can provide in ADR cases?

A) In corporate acquisitions, evaluating for the seller the buyer's notice of objection to the closing balance sheet.
B) Suggesting mediation or arbitration procedures, or ADR administrators, to clients.
C) Identifying, locating, and evaluating documents and information relevant to evaluating disputed issues.
D) All of the above.

Question 14

What are the two primary roles forensic accountants play in forensic matters?

A) Valuator and estimator.
B) Mediator and arbitrator.
C) Expert consultants and expert witnesses.
D) Rented judge and rented jury.

Question 15

Which of the following are some ways that a forensic accountant can play a role in out of court settlements?

A) Mediator.
B) Arbitrator.
C) Expert Consultant/Witness.
D) All of the above.

Question 16

Why might parties in an ADR actually prefer litigation in a courtroom?

A) Legal precedents can prevent future disputes or set legal standards for resolving future disputes.
B) Many companies would prefer not to air their problems in public courtrooms.
C) Litigation often embitters the participants, but in many cases ADR mediation can actually help build business relationships.
D) All of the above.

Question 17

Which mediation style does the mediator actively express opinions about the facts of the case and the reasonableness of the participants' negotiating positions?

A) Facilitative.
B) Evaluative.
C) Participative.
D) Arbitrational.

Question 18

What association are all securities brokers required to belong to?

A) National Association of Security Dealers.
B) National Association of Mediators.
C) National Association of Arbitration.
D) National Association of Dispute Resolution.

Question 19

Some areas of disputes that commonly involve forensic accountants are:

A) Financial and economic damages.
B) Government grants and contracts.
C) Intellectual property and technology assets.
D) All of the above

Question 20

What is an advantage of renting a judge during mediation or arbitration?

A) Speed of getting your case heard.
B) The decision is non-appeal able.
C) Rules and potential outcomes can be agreed upon beforehand.
D) All of the above.

Question 21

Name and describe at least two roles Forensic Accountants can play in dispute resolution.

Question 22

Which professional sport has typically used labor interest arbitration?

A) National Hockey League
B) National Football League
C) Major League Baseball
D) World Cup Soccer

Question 23

Major league sports prefer court or senate hearings to solve their labor disputes.

Question 24

Participants in the mediation process can rent a retired judge to help their process.

Question 25

If the person hired to resolve the dispute is actively expressing opinions about the facts of the case and the reasonableness of the participants' negotiating positions then he or she is a(n):

A) Arbitrator
B) Negotiator
C) Rented Judge
D) Mediator

Question 26

In cases of _______________________, each of the two disputing parties typically selects one arbitrator, and these two selected arbitrators in turn select a third arbitrator.

A) administered arbitration
B) nonadministered arbitration
C) remediation
D) moderation

Question 27

The arbitration process is in many ways like the process followed in traditional court litigation.

Question 28

Alternative Dispute Resolution has some distinct disadvantages over litigation such as higher costs and public access to the proceedings.

Question 29

After initial mediation, what might the mediator do?

A) Rule that the parties will never come to agreement and close the proceedings.
B) Bring an expert witness to provide recommendations for resolution.
C) Call a 7 day cooling off period.
D) Separate the two parties and continue mediation via written messages.

Question 30

With the facilitative mediation style, the mediator express opinions with respect to the facts of the case and the reasonableness of the participants' negotiating positions.

Question 31

A combination of mediation and arbitration is called:

A) arb-med
B) med-arb
C) arbi-medi
D) juxtaposition

Question 32

Interest Arbitration involves resolving conflicting demands, typically in labor contract negotiations.

Question 33

Arbitration also involves a neutral third-party, but the neutral third-party is empowered to issue findings that can be binding on the disputants.

Question 34

Arbitration clauses in contracts are generally unenforceable.

Question 35

Which of the following is NOT an advantage of alternative dispute resolution?

A) ADR becomes case-law precedence to prevent future litigation.
B) ADR is private but litigation is public.
C) ADR permits the choice of decision maker.
D) ADR mediation tends to preserve relationships but litigation tends to destroy them.

Question 36

How many steps are there in setting up a Corporate ADR Program?

A) 6
B) 8
C) 9
D) 11

Question 37

Arbitration involves a neutral third-party who helps those involved in a dispute to resolve their differences through structured negotiations.

Question 38

What are Court-annexed arbitration programs?

A) A dispute resolution method that involves a neutral third-party neutral third-party who is empowered to issue findings that can be binding on the disputants, in cases of binding arbitration. In cases of non-binding arbitration, the neutral person's findings serve as recommendations.
B) Court-annexed arbitration programs (CAAPS) are usually mandatory but non-binding. In federal courts, CAAPS are governed by the Federal ADR Act. Each state may have its own laws governing CAAPS in state courts.
C) Part of an organization's overall dispute resolution system. Dispute risk analysis focuses on identifying possible disputes and their possible impact on the company.
D) A style of mediation in which the mediator actively expresses opinions about the facts of the case and the reasonableness of the participants' negotiating positions.

Question 39

What is evaluative mediation?

A) A dispute resolution method that involves a neutral third-party neutral third-party who is empowered to issue findings that can be binding on the disputants, in cases of binding arbitration. In cases of non-binding arbitration, the neutral person's findings serve as recommendations.
B) Court-annexed arbitration programs (CAAPS) are usually mandatory but non-binding. In federal courts, CAAPS are governed by the Federal ADR Act. Each state may have its own laws governing CAAPS in state courts.
C) Part of an organization's overall dispute resolution system. Dispute risk analysis focuses on identifying possible disputes and their possible impact on the company.
D) A style of mediation in which the mediator actively expresses opinions about the facts of the case and the reasonableness of the participants' negotiating positions.

Question 40

A technique to solve conflict during ADR is to rent a judge and rent a jury.

Question 41

Contrast and compare mediation and arbitration.

Question 42

Define alternative dispute resolution and explain its benefits.

Question 43

Provide at least 5 reasons that ADR has advantages over litigation:

Question 44

Discuss various applications of alternative dispute resolution techniques.

Question 45

Explain the accounting practice of litigation support services.

Question 46

What are the Labor Interest Arbitration methods? Describe them.

Question 47

How does on-line dispute resolution work and what are its benefits?

Question 48

Explain nontraditional alternative dispute resolution techniques.

Question 49

Describe the steps in setting up an in-house alternative dispute resolution program.