Question 1

Which of the following could be a mediator?

Accepted Answer

All of these choices could potentially serve as a mediator, as mediation does not require a specific professional background, but rather skills in facilitating communication and negotiation.

Question 2

In a______ , each party's attorney briefly argues the party's case before representatives of each firm who have the authority to settle the dispute.

Accepted Answer

In a mini-trial, each party's attorney briefly argues the party's case before representatives of each firm who have the authority to settle the dispute. This process is designed to facilitate settlement by giving each side a clear understanding of the other's position.

Question 3

Most states have statutes under which arbitration clauses will be enforced. These statutes are often based on which of the following?

Accepted Answer

The Uniform Arbitration Act is a model law that many states have adopted or used as a basis for their own arbitration statutes to ensure the enforceability of arbitration agreements.

Question 4

In the context of ADR, the decision rendered by an arbitrator is called a(n)

Accepted Answer

The decision rendered by an arbitrator in the context of Alternative Dispute Resolution (ADR) is referred to as an "award." This term is specifically used to denote the outcome or decision made by an arbitrator or arbitration panel in resolving the dispute presented.

Question 5

In which form of arbitration does each side present its arguments and supporting evidence before a jury whose verdict will act as a guide to reaching an agreement?

Accepted Answer

Summary jury trial is a form of arbitration where each side presents its arguments and evidence before a jury, and the jury's verdict serves as a guide for reaching an agreement.

Question 6

In ______arbitration, the parties submit their dispute to a third party but remain free to reject the third party's decision.

Accepted Answer

In nonbinding arbitration, the parties are not obligated to accept the arbitrator's decision and can seek a different resolution if they choose to do so.

Question 7

The first step of the arbitration process is the

Accepted Answer

The answer of The first step of the arbitration process...

Question 8

Over ______of the states require or encourage parties to undertake ADR prior to trial.

Accepted Answer

Over one-half of the states require or encourage parties to undertake Alternative Dispute Resolution (ADR) prior to trial as a means to alleviate court caseloads and encourage settlement.

Question 9

At the federal level, the______ interstate commerce.

Accepted Answer

The Federal Arbitration Act (FAA) enforces arbitration clauses in contracts involving interstate commerce at the federal level.

Question 10

A(n)______ clause provides that any disputes arising under the contract will be resolved by arbitration and generally explains how the arbitration will be handled.

Accepted Answer

An arbitration clause specifically stipulates that any disputes will be resolved through arbitration, detailing the process for such arbitration.

Question 11

In ______, a neutral mediator tries to facilitate agreement between the parties, but if no agreement is reached, the mediator issues a legally binding decision on the matter.

Accepted Answer

Binding mediation combines elements of mediation and arbitration. The mediator first attempts to help the parties reach a mutual agreement. If unsuccessful, the mediator then makes a binding decision.

Question 12

In______ , both parties, their attorneys, and any professionals working with the parties agree to meet to resolve all of their issues without litigation.

Accepted Answer

Collaborative law is a legal process enabling couples who have decided to separate or end their marriage to work with their lawyers and, on occasion, other family professionals in order to avoid the uncertain outcome of court and to achieve a settlement that best meets the specific needs of both parties and their children without the underlying threat of litigation.

Question 13

The settling of a dispute by submitting it to a disinterested third party (other than a court), who renders a decision that may or may not be legally binding, is called

Accepted Answer

Arbitration involves submitting a dispute to a neutral third party who renders a decision that can be either binding or non-binding, depending on the terms agreed upon by the parties involved.

Question 14

_______is a process in which parties attempt to settle their dispute voluntarily, with or without attorneys to represent them.

Accepted Answer

Negotiation is a process where parties try to resolve their disputes voluntarily, with or without legal representation, through direct discussions.

Question 15

Which of the following could not be a mediator?

Accepted Answer

Mediators can come from a variety of backgrounds, including paralegals, attorneys, and community volunteers. There is no strict requirement that a mediator must have a specific professional background, as mediation focuses on facilitating communication and negotiation between parties to reach a mutual agreement.

Question 16

Mediation is a(n)_____ process of ADR.

Accepted Answer

Mediation is a nonadversarial process of Alternative Dispute Resolution (ADR) where a neutral third party helps disputing parties find a mutually satisfactory solution.

Question 17

______is a form of ADR in which a neutral third party evaluates the strengths and weaknesses of the disputing parties' positions; the evaluator's opinion forms the basis for negotiating a settlement.

Accepted Answer

Early neutral case evaluation is a process where a neutral third party assesses the merits of the case, helping parties understand the strengths and weaknesses of their positions to facilitate a settlement.

Question 18

Important skills for successful mediators include which of the following?

Accepted Answer

All of these choices are correct because successful mediators need to listen effectively to understand the perspectives of all parties involved, maintain neutrality and not take sides, and possess good writing skills to accurately document agreements and understandings.

Question 19

______is (are) the major provider(s) of arbitration services.

Accepted Answer

The American Arbitration Association is a major provider of arbitration services, offering a range of dispute resolution services to individuals and organizations who wish to resolve conflicts outside of the court system.

Question 20

In_______ , the attorneys involved may not participate in any subsequent litigation.

Accepted Answer

In collaborative law, the attorneys and both parties agree from the outset that the attorneys will not represent the parties in court if the collaborative process fails and litigation is the next step. This encourages all parties to fully commit to the collaborative process.

Quiz 6: The Court System and Alternative Dispute Resolution