Question 1

In which of the following scenarios is mandatory arbitration considered fair?
A)Business to management
B)Business to employee
C)Business to consumer
D)Business to union
E)Business to business

Accepted Answer

Mandatory arbitration is generally considered fair in business-to-business scenarios because both parties are considered to be on equal footing and have a certain level of expertise in the subject matter. In contrast, when mandatory arbitration is applied to consumer and employee disputes, it has been criticized for giving an unfair advantage to the more powerful party.

Question 2

One of the benefits of mediation include:
A)the uniform set of rules to be followed.
B)the freedom to parties to bargain unethically.
C)the guaranteed resolution of conflict.
D)the binding nature of mediation agreement.
E)the relative expediency of reaching a resolution.

Accepted Answer

One of the benefits of mediation is the relative expediency of reaching a resolution. Mediation can often be completed in a shorter amount of time than going through a court process. However, there is no guaranteed resolution and the binding nature of the agreement depends on the parties involved. There is also no uniform set of rules, which allows for flexibility in the bargaining process, but could potentially lead to unethical behavior if not conducted in good faith.

Question 3

A factor influencing the choice of a mediator is:
A)professional background.
B)gender.
C)race.
D)bank balance.
E)religion.

Accepted Answer

A mediator's professional background is an important factor as it can impact their ability to understand complex legal issues and effectively facilitate communication between parties. Gender, race, bank balance, and religion are not relevant qualifications for a mediator.

Question 4

An acceptable,voluntary agreement between parties in a legal dispute is:
A)never enforceable in law.
B)subject to litigation.
C)often a result of ADR efforts.
D)known as a judgment.
E)imposed by a neutral decision maker who has the power to deliver judgments.

Accepted Answer

An acceptable, voluntary agreement between parties in a legal dispute is often a result of alternative dispute resolution (ADR) efforts, which include methods such as mediation, negotiation, and arbitration. These agreements are typically enforceable in law and can prevent the need for litigation. However, if the parties cannot reach an agreement through ADR, litigation may be necessary. A judgment is a decision made by a neutral decision maker, but it is not based on a voluntary agreement between parties.

Question 5

An)_____ is a mock trial presented to a jury whose verdict is nonbinding.
A)in-house trial
B)settlement trial
C)minitrial
D)med-arb
E)summary jury trial

Accepted Answer

A summary jury trial is a mock trial presented to a jury whose verdict is nonbinding. The goal of a summary jury trial is for both parties to receive feedback on strengths and weaknesses of their case before going to a full trial. This can lead to settlements or help the parties in preparing for the full trial.

Question 6

Which of the following is a drawback of private judging?
A)The judge who oversees the process is generally not very experienced in such matters as evidence and decision rendering.
B)In states where statutes permit hiring a judge for trials,the parties' ability to appeal is seldom preserved.
C)The hired judge presides over a private trial that is truncated by limits on abbreviated rules of procedure,as is the case with arbitration
D)The enforceability of judgments rendered is sometimes questionable.
E)The parties who pay for this service will have to wait to have their cases heard in the public court.

Accepted Answer

The answer of Which of the following is a drawback...

Question 7

A minitrial is an):
A)procedure that allows the parties to present their case to decision makers on both sides of the dispute,following discovery.
B)hybrid form of alternative dispute resolution in which elements of mediation and negotiation are used in tandem.
C)public affair.
D)in-house program that allows company employees to go directly to any level of management to file a complaint or grievance.
E)mock trial presented to a jury whose verdict is nonbinding.

Accepted Answer

A minitrial is a procedure that allows the parties to present their case to decision makers on both sides of the dispute, following discovery. It is often used in complex commercial disputes, where it allows executives or decision makers from both sides to meet and present their evidence and arguments in a more relaxed and structured environment than a courtroom. The decision makers themselves may be experts in the industry or have some kind of relevant experience. The process is non-binding, but the idea is that it will help the parties to reach a settlement or agreement by giving them a clearer picture of the strengths and weaknesses of their case.

Question 8

This Act entails parties to engage in arbitration when those parties have entered into legally binding contracts with a mandatory arbitration clause,provided the subject of those contracts involves commerce.
A)Title VII
B)The Lanham Act
C)The Arbitration Fairness Act
D)The Uniform Arbitration Act
E)The Federal Arbitration Act

Accepted Answer

The description matches the Federal Arbitration Act, which requires arbitration when parties have a mandatory arbitration clause in a contract involving commerce.

Question 9

Which of the following statements is true of mediation?
A)It is more formal than negotiation but less formal than arbitration or litigation.
B)It involves more costs when compared to litigation.
C)If an agreement is reached,the mediation itself is usually binding.
D)The mediator renders a verdict in favor of one side or the other.
E)Regardless of the fact of disputants' reluctance to participate in the mediation process,the mediation will work.

Accepted Answer

Mediation falls between negotiation and arbitration or litigation in terms of formality. It is a less formal process than arbitration or litigation because the mediator does not make a final decision but facilitates a negotiation between the parties. It is more formal than negotiation because it involves an impartial third-party mediator who is trained to help the parties communicate and reach a resolution.

B) is incorrect because mediation is generally less expensive than other forms of dispute resolution.

C) is incorrect because the agreement reached in mediation is not legally binding unless the parties choose to make it so.

D) is incorrect because the mediator does not render a verdict.

E) is incorrect because mediation requires the voluntary participation of both parties, and if one is not willing to participate, the process may not be effective.

Question 10

A method of alternative dispute resolution in which parties vest authority in a neutral third-party decision maker is:
A)negotiation.
B)mediation.
C)minitrial.
D)arbitration.
E)public trial.

Accepted Answer

The method described in which parties vest authority in a neutral third-party decision maker is arbitration. The other options (negotiation, mediation, minitrial, and public trial) do not involve a third-party decision maker with the authority to make a binding decision.

Question 11

In the context of arbitration,the process by which a court converts an arbitration award to a judgment is called:
A)a binding arbitration.
B)a nonbinding arbitration.
C)private judging.
D)a confirmation.
E)standing.

Accepted Answer

The process by which a court converts an arbitration award to a judgment is called confirmation. This means that the court confirms the arbitrator's decision and issues a judgment based on that decision. This allows the parties to enforce the award as if it were a court judgment.

Question 12

Which of the following is a major benefit of an ethics hotline?
A)It allows company employees to go directly to any level of management to file a complaint.
B)It is a process in which active or retired judges may be hired for private trials.
C)The parties who can afford to pay for this service have a substantial benefit in not having to wait to have their cases heard in the public court.
D)Reporting parties generally,but not always,remain anonymous.
E)It allows parties to measure the strengths/weaknesses of their cases prior to engaging in litigation,which presumably saves both time and money.

Accepted Answer

The major benefit of an ethics hotline is that reporting parties can remain anonymous, which can encourage employees to come forward and report unethical behavior without fear of retaliation. Option A is incorrect because an ethics hotline is meant to allow employees to bypass management and report directly to an impartial third party. Options B and E are incorrect because they describe legal or dispute resolution services, which are not necessarily related to ethics hotlines. Option C is also incorrect because it suggests that the main benefit of an ethics hotline is financial, which is not necessarily true.

Question 13

In an in-house business dispute resolution,mediation is often the method of alternative dispute resolution for:
A)advancement grievances.
B)medical malpractice litigation.
C)healthcare disputes.
D)business to business disputes.
E)business to consumer disputes.

Accepted Answer

The answer of In an in-house business dispute resolution,mediation is...

Question 14

A hybrid form of alternative dispute resolution in which elements of mediation and arbitration are used in tandem is known as:
A)litigation.
B)arbitration.
C)negotiated arbitration.
D)functional mediation.
E)med-arb.

Accepted Answer

The hybrid form of alternative dispute resolution in which elements of mediation and arbitration are used in tandem is known as med-arb. In this process, the parties first attempt to mediate the dispute, but if the mediation fails to produce a settlement, the same neutral third party then moves to an arbitration phase where they issue a binding decision.

Question 15

In business,which of the following methods of alternative dispute resolution is more often used in disputes between employers and employees about topics such as workplace conditions,wrongful discharge,or advancement grievances?
A)Arbitration
B)Minitrials
C)Negotiation
D)Mediation
E)Collaborative goal-oriented processes

Accepted Answer

Mediation is commonly used in employment disputes as it involves a neutral third party to help both sides reach a mutually agreeable solution, making it suitable for resolving issues like workplace conditions and grievances.

Question 16

This type of in-house program generally hears complaints from stakeholders,such as employees or customers.
A)Minitrial
B)Summary jury trial
C)Private judging
D)Anonymous ethics hotline
E)Ombudsmen's office

Accepted Answer

An Ombudsmen's office is an in-house program designed to hear and address complaints from stakeholders, including employees and customers, providing a confidential and impartial avenue for resolving issues.

Question 17

An arbitrator's decision rendered after hearing the cases presented by the parties to an arbitration is called an):
A)judgment.
B)arbitration award.
C)novation.
D)binding arbitration.
E)standing.

Accepted Answer

An arbitrator's decision is called an arbitration award.

Question 18

In binding arbitration,_____.
A)parties involuntarily submit to the arbitration procedure.
B)the arbitration award is final.
C)the arbitration award can be appealed to a court.
D)either party may reject the arbitration award and demand a trial instead.
E)the parties may choose to resolve their dispute through litigation if the arbitration award is rejected by a party.

Accepted Answer

In binding arbitration, the arbitration award is final and legally binding on both parties. It cannot be appealed to a court, and neither party may reject the award and demand a trial instead.

Question 19

An in-house policy in which company managers allow employees to bring grievances directly to them to resolve any potential disputes immediately is an):
A)ethics hotline policy.
B)outside counsel policy.
C)open-door policy.
D)med-arb policy.
E)methodical policy.

Accepted Answer

The open-door policy encourages employees to approach company managers directly to bring up any concerns or grievances they may have. This can help resolve disputes quickly and effectively, without the need for third-party intervention or escalation.

Question 20

A statute adopted in whole or in part by some states,which seeks to create consistency in arbitration proceedings between states is the:
A)Uniform Arbitration Act.
B)Variable Arbitration Act.
C)Binding Arbitration Act.
D)Nonbinding Arbitration Act.
E)Revised Binding Arbitration Act.

Accepted Answer

The Uniform Arbitration Act is a statute that has been adopted, at least in part, by most states in the US with the aim of creating consistency in arbitration proceedings between states. The Act provides a framework for arbitration procedures and enforcement of arbitration awards.

Quiz 4: Alternative Dispute Resolution

In which of the following scenarios is mandatory arbitration considered fair?

One of the benefits of mediation include:

A factor influencing the choice of a mediator is:

An acceptable,voluntary agreement between parties in a legal dispute is:

An) _____ is a mock trial presented to a jury whose verdict is nonbinding.

Which of the following is a drawback of private judging?

A minitrial is an) :

This Act entails parties to engage in arbitration when those parties have entered into legally binding contracts with a mandatory arbitration clause,provided the subject of those contracts involves commerce.

Which of the following statements is true of mediation?

A method of alternative dispute resolution in which parties vest authority in a neutral third-party decision maker is:

In the context of arbitration,the process by which a court converts an arbitration award to a judgment is called:

Which of the following is a major benefit of an ethics hotline?

In an in-house business dispute resolution,mediation is often the method of alternative dispute resolution for:

A hybrid form of alternative dispute resolution in which elements of mediation and arbitration are used in tandem is known as:

In business,which of the following methods of alternative dispute resolution is more often used in disputes between employers and employees about topics such as workplace conditions,wrongful discharge,or advancement grievances?

This type of in-house program generally hears complaints from stakeholders,such as employees or customers.

An arbitrator's decision rendered after hearing the cases presented by the parties to an arbitration is called an) :

In binding arbitration,_____.

An in-house policy in which company managers allow employees to bring grievances directly to them to resolve any potential disputes immediately is an) :

A statute adopted in whole or in part by some states,which seeks to create consistency in arbitration proceedings between states is the: