Question 1

Judicial review of the awards of voluntary arbitration can correct __________.

Accepted Answer

Judicial review can correct fraudulent or arbitrary actions by an arbitrator. Further, courts of review are sometimes called upon to set aside an award when the decision is allegedly against public policy.

Question 2

Which of the following is one of the primary reasons for the increase in the number of mediations?

Accepted Answer

One of the primary reasons for the increase in the number of mediations is that the disputing parties retain control over when to settle and when to continue disputing. Another reason mediation is growing in popularity relates to the cost savings compared to litigation and even arbitration.

Question 3

Unlike mandatory arbitration,voluntary arbitration is __________.

Accepted Answer

Unlike mandatory arbitration, voluntary arbitration is based on parties' agreement after dispute arises or on contract clause before dispute arises. The award in voluntary arbitration is final with no judicial review, unless a party can prove that the arbitrator engaged in fraudulent, arbitrary, or other inappropriate actions.

Question 4

A _____ in mediation occurs when a mediator meets privately with one party without the other party.

Accepted Answer

A caucus in mediation occurs when a mediator meets privately with one party without the other party. Sometimes, the mediator may decide that the process will be more productive if the parties and their attorneys meet with the mediator outside the presence of the other disputant.

Question 5

The final step to a successful mediation is __________.

Accepted Answer

The final step to a successful mediation is the writing of the agreement and the signing of the agreement by the disputing parties. Through the good judgment and experience of a mediator, the differences between the parties hopefully will be resolved and a common agreement can be produced.

Question 6

Ahmed and Jerry enter into a business agreement to assemble and sell prepackaged salads.In their written agreement,both agree that they will be required to settle all disputes through arbitration.Which of the following statements is true of this situation?

Accepted Answer

This case is an example of a voluntary arbitration clause. Agreements to voluntarily arbitrate come in two basic forms-a predispute arbitration clause and a postdispute arbitration agreement.

Question 7

Unlike an arbitrator,a mediator __________.

Accepted Answer

Unlike an arbitrator, a mediator cannot impose a binding solution on the disputing parties. However, as an unbiased and disinterested third party, a mediator is often able to help the parties bring about an understanding of a dispute and thus avoid litigation of it.

Question 8

When the disputing parties agree to resolve all matters of contention that they can and agree to arbitrate the unresolved matters,they are said to be using an alternative dispute resolution technique known as _____.

Accepted Answer

When the disputing parties agree to resolve all matters of contention that they can and agree to arbitrate the unresolved matters, they are said to be using an alternative dispute resolution technique known as Med-Arb. The opportunities to use mediation in beneficial ways are limited only by the creativity of the parties involved.

Question 9

Mediators are similar to arbitrators in that __________.

Accepted Answer

As an unbiased and disinterested third party, a mediator is often able to help the parties bring about an understanding of a dispute and thus avoid litigation of it.

Question 10

Courts throughout the United States have uniformly upheld mandatory arbitration statutory schemes as against the constitutional challenges where a dissatisfied party can __________.

Accepted Answer

Courts throughout the United States have uniformly upheld mandatory arbitration statutory schemes as against the constitutional challenges where a dissatisfied party can reject the arbitrator's award and seek a de novo judicial review of that award. De novo review means that the court tries the issues anew as if no arbitration occurred.

Question 11

Which of the following statements is true of mediation?

Accepted Answer

A trial judge can require the disputing parties to submit to the mediation process before a complaint can be litigated formally. There is a growing movement in this court-annexed mediation as one means of controlling the heavy caseload faced by courts.

Question 12

_____ occurs when a trial judge requires the disputing parties to submit to the mediation process before a complaint can be litigated formally.

Accepted Answer

A trial judge can require the disputing parties to submit to the mediation process before a complaint can be litigated formally. There is a growing movement in court-annexed mediation as one means of controlling the heavy caseload faced by courts.

Question 13

Which of the following statements is true of caucuses in dispute resolution?

Accepted Answer

Caucuses are sometimes used by mediators to make the mediation processes more productive. Especially during these caucuses, the mediator must win the trust and confidence of each party to the dispute.

Question 14

In the context of alternative dispute resolution,mediators __________.

Accepted Answer

Typically, mediators use the principles of interest-based negotiations. A mediator cannot impose a binding solution on the disputing parties.

Question 15

Mandatory arbitration can be constitutional if __________.

Accepted Answer

Mandatory arbitration can be constitutional if fair procedures are provided by the legislature and ultimate judicial review is available. Statutorily mandated arbitration requires a higher level of judicial review of an award.

Question 16

Which of the following statements is true of voluntary arbitration?

Accepted Answer

In voluntary arbitration, the procedure is not tied to a court and is not bound by rules of evidence. The award is final with no judicial review, unless a party can prove that the arbitrator engaged in fraudulent, arbitrary, or other inappropriate actions.

Question 17

In the context of judicial review of voluntary arbitration,error of law renders an arbitration award void only when __________

Accepted Answer

Error of law renders an arbitration award void only when it violates a positive mandate of the law. Courts do not interfere with an award by examining the merits of the controversy, the sufficiency of the evidence supporting the award, or the reasoning supporting the decision.

Question 18

Jane is deprived of her alimony from Ben as he is reluctant to make a settlement.Which of the following statutes is most likely to be applicable in this case?

Accepted Answer

Mandatory arbitration statute is most likely to be applicable in this case. It covers only a few types of cases. A typical statute might apply the procedure to claims exclusively for money of a small amount, such as those for less than $15,000, not including interest and costs.

Question 19

Which of the following statements is true of arbitration procedures?

Accepted Answer

Generally, the award resulting from the voluntary arbitration procedure is final. The arbitrator's findings on questions of both fact and law are conclusive.

Question 20

_____ arise when parties already in dispute decide that arbitration is better than litigation.

Accepted Answer

This scenario indicates that to settle disputes, Jim Corp. and Bartle Inc. are most likely to have included a postdispute arbitration agreement in their business contract. An obvious disadvantage to relying on such an agreement is that disputing parties may not be able to find the common ground to agree to arbitrate.

Quiz 5: Alternative Dispute Resolution