Question 1

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 is when the mediator has the authority to issue a legally binding decision if the parties cannot reach an agreement on their own.

Question 2

Which of the following could be a mediator?

Accepted Answer

The answer of Which of the following could be a...

Question 3

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

Accepted Answer

The term "award" specifically refers to the decision made by an arbitrator in ADR. A submission agreement is simply the agreement to use arbitration as a method of resolving a dispute. A settlement agreement is the agreement reached by the parties themselves to resolve the dispute outside of arbitration or litigation. While a decision may be a generic term to refer to any outcome of a dispute resolution process, the specific term used in arbitration is "award."

Question 4

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

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 arbitration. ADR (Alternative Dispute Resolution) is a general term that includes all forms of settling disputes outside of court, including negotiation, mediation, and arbitration. However, negotiation and mediation do not involve a third party making a decision, while arbitration does involve a decision being made by a third party.

Question 5

Which of the following is a task of the mediator in mediation?

Accepted Answer

All of the choices are correct tasks of the mediator in mediation. They are all important functions of a mediator during the mediation process. A mediator should strive to find points of agreement and encourage the parties to focus on those areas, help the parties evaluate their positions, and propose potential solutions for the parties to consider.

Question 6

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

The sentence specifically refers to the clause relating to arbitration and how disputes will be resolved through this process.

Question 7

At the federal level, the enforces arbitration clauses in contracts involving interstate commerce.

Accepted Answer

The Federal Arbitration Act (FAA) is the federal law that enforces arbitration clauses in contracts involving interstate commerce.

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

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

The option described is early neutral case evaluation, where the neutral third party evaluates both parties' positions and offers advice on settling the dispute. This can help both parties to determine if settling outside of court is a viable option. The other options, mediation arbitration, binding mediation, and non-binding arbitration, involve different processes for resolving disputes.

Question 10

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 in which parties attempt to settle their dispute voluntarily, with or without attorneys to represent them. This is the best choice because it does not involve a third party and the parties have the greatest control over the outcome.

Question 11

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

Accepted Answer

In collaborative law, the attorneys involved in the process agree to not participate in any subsequent litigation, which encourages all parties to work towards a mutually beneficial agreement rather than resort to adversarial legal action. This creates a sense of trust and transparency in the process. Binding arbitration and med-arb involve a neutral third party making a decision, while in mediation the mediator assists the parties in reaching their own agreement without providing a decision or taking on the role of an advocate.

Question 12

Important skills for successful mediators include which of the following?

Accepted Answer

All of the skills listed are important for successful mediators. Good listening skills are crucial for effectively understanding both parties' points of view. The discipline to resist taking sides is essential to maintaining neutrality and facilitating compromise. Good writing skills are important for documenting the mediation agreement and ensuring that all parties understand the terms.

Question 13

Mediation is a(n) process of ADR.

Accepted Answer

Mediation is a form of ADR (alternative dispute resolution) that is nonadversarial, meaning it is not focused on an antagonistic, winner-takes-all approach like traditional litigation. Instead, a neutral third party (the mediator) helps facilitate productive communication and negotiation between the parties in an effort to reach a mutually beneficial agreement.

Question 14

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

Accepted Answer

The answer of Most states have statutes under which arbitration...

Question 15

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 required to accept the decision made by the third party and can instead continue with litigation or other methods of dispute resolution.

Question 16

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 17

Which of the following is not a task of the mediator in mediation?

Accepted Answer

The mediator's role is to facilitate communication and assist the parties in reaching a mutually acceptable agreement. Presenting both parties' cases to a judge and jury is not a task of the mediator, but rather the role of an attorney or advocate.

Question 18

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 process in which all parties and their attorneys agree to work together to resolve the issues without going to court. Joint law and informal law are not specific legal processes, while binding arbitration involves a neutral third party making a final decision, which is not the goal of collaborative law.

Question 19

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

The scenario described is a mini-trial, where each party's attorney presents their case to representatives of each firm with settlement authority. This type of dispute resolution process is often used in complex or high-value cases, and is intended to facilitate settlement negotiations.

Question 20

The first step of the arbitration process is the

Accepted Answer

The first step of the arbitration process is the submission agreement, which outlines the terms of arbitration and the parties involved. The hearing occurs later in the process, after the submission agreement has been signed. Arbitration initiation and court alert are not typically the first step in the process.

Quiz 6: The Court System and Alternative Dispute Resolution