Question 1

Which of the following is generally not a type of court-related ADR?&#10;A) early neutral evaluation&#10;B) binding arbitration&#10;C) nonbinding arbitration&#10;D) summary trial&#10;E) none of the above; they are all common types of court-related ADR

Accepted Answer

B

Question 2

If parties use any form of ADR they give up their right to trial.

Accepted Answer

Parties who use ADR are not required to give up their right to trial. ADR is an alternative to trial, but if the parties are unable to come to a satisfactory resolution through ADR, they may still choose to pursue litigation.

Question 3

A procedure often used by businesses in which disputing parties present their dispute before a special jury in non-binding trial is known as:&#10;A) mini-trial&#10;B) summary trial&#10;C) binding arbitration&#10;D) nonbinding arbitration&#10;E) early neutral evaluation

Accepted Answer

The description provided in the question matches the concept of a mini-trial. In a mini-trial, the disputing parties present their dispute before a special jury in a non-binding trial, and the jury offers an opinion that can guide the parties towards a settlement.

Question 4

ADR is never used in criminal cases.

Accepted Answer

ADR can be used in criminal cases, but it is not as common as in civil cases. Examples of ADR methods used in criminal cases include plea bargaining and restorative justice programs.

Question 5

The type of ADR most popular with family law and labor matters is:&#10;A) arbitration&#10;B) mediation&#10;C) mini-trial&#10;D) summary trial&#10;E) trial

Accepted Answer

Mediation is the most popular type of ADR for family law and labor matters because it allows the parties to retain control over the outcome and work together to reach a mutually acceptable solution. Unlike arbitration, which involves the parties presenting their cases to a neutral third party who then makes a binding decision, mediation involves a neutral third party helping the parties communicate and negotiate. Mini-trials and summary trials are less commonly used in family law and labor matters. Trials are often seen as a last resort because they are time-consuming, expensive, and can be emotionally taxing for the parties involved.

Question 6

Methods of alternative dispute resolution may be binding or nonbinding.

Accepted Answer

Alternative dispute resolution methods can be binding or nonbinding depending on the agreement between the parties involved. Binding methods, such as arbitration, require the parties to accept the decision made by the neutral third party. Nonbinding methods, such as mediation, allow the parties to reject any proposed resolution and pursue other means of resolving the dispute.

Question 7

To stay a proceeding means to delay or stop the proceeding.

Accepted Answer

To stay a proceeding means to delay or stop the proceeding.

Question 8

A mediator should always be a neutral person.

Accepted Answer

A mediator is supposed to remain impartial and not take sides with any particular party involved in the mediation process. They should be neutral and unbiased in their approach.

Question 9

Arbitrators and mediators must be attorneys.&#10;Multiple Choice

Accepted Answer

Arbitrators and mediators do not necessarily have to be attorneys, although some may choose to be. In fact, many arbitrators and mediators come from a variety of professional backgrounds, including business, education, and psychology among others. However, some legal disputes may require an arbitrator or mediator who has a legal background, such as cases involving complex legal issues or interpreting laws and regulations.

Question 10

Courts have the right to stay arbitration proceedings.

Accepted Answer

Courts have the authority to stay or halt arbitration proceedings in certain circumstances, such as when there is a dispute over the validity or scope of the arbitration agreement, or when the issues in dispute are subject to pending litigation in another forum.

Question 11

Which of the following frequently offer arbitration services?&#10;A) private judges&#10;B) the court&#10;C) the American Arbitration Association&#10;D) none of the above&#10;E) all of the above

Accepted Answer

The answer of Which of the following frequently offer arbitration...

Question 12

A special master is a person usually appointed by a court to resolve disputed pretrial matters in civil actions.

Accepted Answer

The answer of A special master is a person usually...

Question 13

A mini-trial is a form of ADR.

Accepted Answer

The answer of A mini-trial is a form of ADR....

Question 14

Arbitration is always binding.

Accepted Answer

The answer of Arbitration is always binding....

Question 15

The ADR proceeding involving an out-of-court hearing before a neutral party who listens to two or more disputing parties and renders a decision resolving the dispute is known as&#10;A) arbitration&#10;B) mediation&#10;C) negotiation&#10;D) mini-trial&#10;E) early neutral evaluation

Accepted Answer

The answer of The ADR proceeding involving an out-of-court hearing...

Deck 13: Alternative Dispute Resolution