Question 1

Post-appellate procedures:
A)involve taking a case that has been rejected or dismissed by a domestic court to an international organization.
B)refer to a pledge to use arbitration,should the parties find themselves in disagreement as to the enforcement rights under the original contract.
C)are processes by which agencies invite the organizations who will be affected by a new rule to provide input about the writing of that rule.
D)specify that the parties to the agreement have promised to use an alternative dispute resolution technique when a disagreement arises rather than litigating the issue.

Accepted Answer

Post-appellate procedures involve taking a case that has been rejected or dismissed by a domestic court to an international organization, often as a last resort for seeking justice or resolution.

Question 2

________ is an ADR process by which an agency invites the people and the organizations that would be affected by a new rule to have input into the writing of that rule.
A)Med-arb
B)Negotiated rulemaking
C)A private civil trial
D)Mediation

Accepted Answer

Negotiated rulemaking is a process where an agency invites the parties who will be affected by a new rule to participate in the development of that rule. It is a form of ADR that is used in the administrative law context. The parties work collaboratively to form a consensus on the terms of the rule, which can result in a more effective and efficient rulemaking process.

Question 3

________,a form of ADR,combines the best aspects of ________ and ________.
A)Med-ENE;reg-neg;ENE
B)Neg-arb;negotiation;arbitration
C)Med-arb;mediation;arbitration
D)Med-arb;ENE;a private civil trial

Accepted Answer

Med-arb is a form of ADR that combines the best aspects of mediation and arbitration. It begins with mediation, where the parties attempt to reach a voluntary settlement with the assistance of a neutral mediator. If an agreement is not reached, the process then moves to arbitration, where the neutral arbitrator renders a binding decision. This combines the flexibility and power-balancing of mediation with the finality and enforceability of arbitration.

Question 4

________ is an ADR technique by which parties hire a retired judge or a magistrate to hear the dispute,following rules used in an official trial.
A)Partnering
B)A private civil trial
C)Early neutral evaluation
D)Med-arb

Accepted Answer

The description provided matches the technique of a private civil trial, where parties hire a retired judge or magistrate to hear the dispute following rules used in an official trial. The other techniques mentioned, partnering, early neutral evaluation, and med-arb, do not involve hiring a retired judge or magistrate to hear the dispute following official trial rules.

Question 5

ADR is least likely to be useful in cases involving:
A)constitutional law.
B)civil rights.
C)contracts.
D)criminal law.

Accepted Answer

ADR (Alternative Dispute Resolution) is least likely to be useful in criminal law because criminal cases involve public offenses against the state or society, and thus require formal legal adjudication to enforce public norms and laws, not just an agreement between parties.

Question 6

Which of the following statements about an arbitrator is true?
A)The arbitrator usually encourages the disputing parties to compromise on their demands,but cannot force the parties to do so.
B)The arbitrator has the unilateral power to issue a binding decision on the disputing parties,regardless of whether the parties agree with the decision.
C)Arbitration has no discovery so a case that may have been settled during a conventional lawsuit might drag on.
D)The arbitrator role is only useful before a lawsuit is filed by the parties.

Accepted Answer

The answer of Which of the following statements about an...

Question 7

Which of the following is generally true of arbitration?
A)The arbitrator can make suggestions,but not issue binding decisions.
B)The arbitrator is a non-lawyer from the relevant industry.
C)The arbitrator must be chosen from among the disputing parties.
D)The arbitrator's decision can be appealed in court.

Accepted Answer

Arbitration typically results in a binding decision that can be appealed in court, although the grounds for appeal are usually limited compared to those in a traditional court case. Arbitrators can indeed issue binding decisions, they do not have to be non-lawyers or chosen from among the disputing parties.

Question 8

To be enforceable and upheld by a court,an ADR contract clause should include all the following standard provisions except:
A)the types of disagreements that will be submitted to ADR.
B)the ADR technique or techniques that can be used.
C)the substantive law and the procedural rules that will be followed.
D)whether both parties have sufficient insurance resources to sustain the award.

Accepted Answer

The other three choices are standard provisions that should be included in an ADR contract clause to ensure enforceability and clarity. However, whether both parties have sufficient insurance resources is not typically a necessary provision in an ADR clause.

Question 9

Big Co.and Gantt Co.have entered into a contract for a long-term construction project.The companies opt to use a partnering process to resolve disputes.The partnering process between them will begin:
A)after the contract has been finalized,but before the project has begun.
B)when the first dispute between the two parties arises.
C)only if both mediation and arbitration procedures have failed.
D)once the project has begun and the parties are aware of possible problems.

Accepted Answer

The partnering process should begin after the contract has been finalized but before the project has begun. This allows the parties to establish a collaborative working relationship and address any potential issues before they arise, leading to a more efficient and successful project.

Question 10

In the Opening Case,Considine v.Brookdale Senior Living,Inc. ,Brookdale's arbitration clause in the employment agreement was found to be:
A)non-enforceable because it discriminated against Considine's lifestyle.
B)enforceable because Considine signed an employment contract indicating she had read and understood all of the terms in the contract,including the arbitration clause.
C)enforceable because it contained a non-discrimination clause which protected Considine's lifestyle.
D)non-enforceable because it did not contain a non-discrimination clause which protected Considine's lifestyle.

Accepted Answer

The arbitration clause in the employment agreement was found to be enforceable because Considine had signed an employment contract indicating that she had read and understood all of the terms in the contract, including the arbitration clause. The fact that the clause did not discriminate against Considine's lifestyle or that it did not contain a non-discrimination clause is irrelevant in determining its enforceability in this case.

Question 11

Because many ADR techniques completely sidestep the courts:
A)ADR cannot control the spending on litigation.
B)the parties are kept from carefully considering their agreements.
C)many attorneys do not adequately develop analytical skills.
D)many critical social issues may never reach the judicial system.

Accepted Answer

Many ADR techniques, such as mediation and arbitration, allow parties to resolve disputes without going through the courts. This means that certain critical social issues may never be brought to the attention of the judicial system, potentially depriving society of important legal precedent or systemic change.

Question 12

Which of the following is true of arbitration?
A)The procedures involved in arbitration are more rigid than those followed in lawsuits.
B)An arbitrator's decision is binding and cannot be appealed in court.
C)An arbitration hearing can be planned and executed by the parties themselves.
D)An arbitrator's decision cannot come under the review of the courts.

Accepted Answer

Arbitration allows parties to have more control over the process, including planning and executing the hearing, unlike court procedures which are more rigid.

Question 13

Which of the following is not a reason for entering into an international arbitration agreement?
A)The parties' choice of legal representation is limited to the forum in which the dispute is to be heard.
B)Local laws of a particular nation may prevent a party from using certain arbitrators.
C)The parties cannot choose the arbitrators who will decide the case.
D)Using an international arbitration agreement does not allow for uniform enforcement of a judgment across nations.

Accepted Answer

International arbitration agreements allow parties to choose their legal representation, regardless of the forum.

Question 14

An ADR contract clause:
A)must specify the ADR technique that the parties will use in the event of a dispute.
B)can merely state that the parties have the option of using an ADR technique.
C)prohibits the parties from resorting to litigation to settle an issue.
D)requires that the parties follow all ADR procedures with a summary trial.

Accepted Answer

An ADR contract clause can simply state that the parties have the option of using an ADR technique, without specifying a particular technique. This allows the parties some flexibility in choosing the most appropriate method for their particular dispute. The other options provided in the question are either too restrictive (A and C) or impractical (D).

Question 15

During the five-day settlement week,a court schedules an arbitration session for each case.

Accepted Answer

A court typically schedules arbitration sessions based on the availability of the parties, arbitrators, and sometimes the complexity of the case, rather than having a fixed schedule such as an arbitration session for each case during a five-day settlement week.

Question 16

The judges on the collective science court must be:
A)drawn from a sample of people affected by the technology in question.
B)scientists with expertise in the areas under investigation.
C)from government bodies involved in legislation about the subject.
D)lawyers with a general scientific background.

Accepted Answer

The judges on the collective science court should be scientists with expertise in the areas under investigation to ensure that they have the necessary knowledge and understanding to make informed decisions about the technology in question.

Question 17

Early neutral evaluation (ENE)is a(n):
A)ADR process that combines mediation with arbitration.
B)shortened version of a trial,conducted in less than a day before an actual jury which renders an advisory verdict in the case.
C)ADR technique by which the parties hire a retired judge to hear their dispute.
D)ADR process in which the parties permit a referee to assess their case on the basis of the facts and legal arguments alone.

Accepted Answer

Early neutral evaluation (ENE) is an ADR process in which the parties permit a referee or an evaluative neutral to assess their case on the basis of the facts and legal arguments alone. The neutral provides a non-binding evaluation of the strengths and weaknesses of the case, which helps the parties to identify areas of potential agreement and facilitates settlement negotiations. Thus, the correct choice is D.

Question 18

In a(n)________,the jury provides an advisory verdict based on the facts.
A)summary jury trial
B)med-Arb hearing
C)early neutral evaluation
D)mediation

Accepted Answer

In a summary jury trial, the jury is presented with the facts of the case and provides an advisory verdict, which is non-binding. This helps parties get a sense of how a real trial might play out and may encourage settlement negotiations. The other options listed involve different types of alternative dispute resolution processes where a neutral third party facilitates the resolution of a dispute, rather than a jury providing an advisory verdict.

Question 19

During a settlement week,the court:
A)settles those cases that cannot be resolved through arbitration.
B)requires attorneys to be present for mediation sessions.
C)resolves all submitted cases to be decided by summary jury trial.
D)subjects all submitted cases to private civil trials.

Accepted Answer

During a settlement week, the court typically requires attorneys to be present for mediation sessions to facilitate the settlement of cases without going to trial.

Question 20

Opponents of ________ have challenged it because they believe it is an unconstitutional deprivation of their right to a trial by jury and equal protection under the law.
A)mandatory mediation
B)mandatory arbitration
C)mandatory med-arb
D)ENE

Accepted Answer

Opponents believe that mandatory arbitration violates their right to a trial by jury and equal protection under the law because it forces them to resolve a dispute without a neutral judge and jury. This deprives them of the opportunity to have their case heard by a jury of their peers and have a judge make a decision based on the facts and the law.

Quiz 4: Alternative Dispute Resolution and Cyber-Adr

Post-appellate procedures:

________ is an ADR process by which an agency invites the people and the organizations that would be affected by a new rule to have input into the writing of that rule.

,a form of ADR,combines the best aspects of and .

________ is an ADR technique by which parties hire a retired judge or a magistrate to hear the dispute,following rules used in an official trial.

ADR is least likely to be useful in cases involving:

Which of the following statements about an arbitrator is true?

Which of the following is generally true of arbitration?

To be enforceable and upheld by a court,an ADR contract clause should include all the following standard provisions except:

Big Co.and Gantt Co.have entered into a contract for a long-term construction project.The companies opt to use a partnering process to resolve disputes.The partnering process between them will begin:

In the Opening Case,Considine v.Brookdale Senior Living,Inc. ,Brookdale's arbitration clause in the employment agreement was found to be:

Because many ADR techniques completely sidestep the courts:

Which of the following is true of arbitration?

Which of the following is not a reason for entering into an international arbitration agreement?

An ADR contract clause:

During the five-day settlement week,a court schedules an arbitration session for each case.

The judges on the collective science court must be:

Early neutral evaluation (ENE) is a(n) :

In a(n) ________,the jury provides an advisory verdict based on the facts.

During a settlement week,the court:

Opponents of ________ have challenged it because they believe it is an unconstitutional deprivation of their right to a trial by jury and equal protection under the law.