Question 1

One reason that parties might voluntarily choose ADR is because it could produce a fair result faster than going to trial.

Accepted Answer

ADR processes such as mediation and arbitration are often quicker than going through a full trial. This can be appealing to parties who want to resolve their dispute in a timely manner.

Question 2

The Alternative Dispute Resolution Act of 1998

Accepted Answer

The Alternative Dispute Resolution Act of 1998 both increased judicial interest in ADR and requires federal district courts to implement ADR procedures.

Question 3

Arbitrators do not normally make conclusions of law and findings of fact as do trial judges in civil litigation.

Accepted Answer

Arbitrators are typically given the authority to decide disputes and render awards based on their interpretation of the parties' agreement, rather than applying legal precedent or statutes to reach a conclusion of law or finding of fact.

Question 4

Congress has established a national policy favoring the mediation of lawsuits where the jurisdiction is based on diversity of citizenship.

Accepted Answer

The answer of Congress has established a national policy favoring...

Question 5

One of the advantages of using mediation instead of litigation to resolve disputes is that there are normally fewer enforcement problems.

Accepted Answer

In mediation, the parties involved in the dispute come to a voluntary agreement through negotiation and discussion. Because the agreement is voluntary, there is a higher likelihood that both parties will comply with the terms of the settlement, resulting in fewer enforcement problems. In litigation, however, the court imposes a decision which may not satisfy both parties, leading to a higher likelihood of non-compliance and additional enforcement difficulties.

Question 6

Mediation is less expensive than litigation.

Accepted Answer

Mediation generally involves lower fees for both parties compared to the cost of hiring lawyers and going through a full trial.

Question 7

Online dispute resolution is not well respected and few legitimate organizations would use it.

Accepted Answer

Online dispute resolution is becoming more widely accepted and many legitimate organizations use it as a way to efficiently and cost-effectively resolve disputes. Some courts even have online dispute resolution programs in place.

Question 8

Sources of dissatisfaction with the legal system include

Accepted Answer

The answer of Sources of dissatisfaction with the legal system...

Question 9

A "neutral" is a person specially trained in the subject matter of a claim.

Accepted Answer

A "neutral" refers to an impartial third party, such as a mediator or arbitrator, who assists in resolving disputes but is not necessarily specially trained in the subject matter of a claim.

Question 10

In voluntary ADR methods, the rules that govern the proceedings are generally the same as those used in the trial court that would have jurisdiction over the matter.

Accepted Answer

Voluntary ADR methods often have their own rules and procedures that differ from those used in traditional trial courts.

Question 11

Because of the huge number of cases on court dockets

Accepted Answer

Both options A and B are correct statements about how states are addressing the issue of large court dockets. Some states have implemented statewide ADR systems, while others have allowed local jurisdictions to experiment with forms of ADR. Therefore, the answer is C - both A and B are correct.

Question 12

In several situations, legislation substitutes the right to a jury trial with court-annexed ADR.

Accepted Answer

Legislation does not substitute the right to a jury trial with court-annexed Alternative Dispute Resolution (ADR); instead, it often offers ADR as an optional or preliminary step before a trial to facilitate settlement and reduce court backlog. The right to a jury trial is preserved under the law for cases that qualify.

Question 13

Discovery and the rules of evidence are the same on court-annexed arbitration as they would be at trial.

Accepted Answer

Discovery and the rules of evidence are generally more limited in court-annexed arbitration compared to trial.

Question 14

Elizabeth Garfield brought suit against her former employer, Thomas McKinnon Securities, Inc., claiming that McKinnon had discharged her on account of her age in violation of the Age Discrimination in Employment Act.McKinnon moved to dismiss the complaint and compel arbitration because Garfield had agreed to arbitrate any controversy arising out of her employment.She maintained that Congress did not permit persons to waive their statutory right to sue ADEA violations in federal court via the execution of an arbitration agreement.Ms.Garfield is

Accepted Answer

The best choice is D because it is generally true that most disputes can be submitted to arbitration, and public policy favors the private settlement of disputes. While there is some debate about whether statutory claims can be subject to arbitration agreements, the Supreme Court has held that they can be if the parties have agreed to submit them to arbitration. Therefore, Ms. Garfield's argument is not likely to succeed.

Question 15

Why might attorneys refuse to consider ADR?

Accepted Answer

The answer of Why might attorneys refuse to consider ADR?
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Question 16

As a factual matter, few civil cases result in trials.

Accepted Answer

Most civil cases are settled or resolved through alternative dispute resolution methods without a trial.

Question 17

The proper role of a judge in a settlement conference is clearly laid out in the procedural rules.

Accepted Answer

The role of a judge in a settlement conference can vary and may not be explicitly detailed in procedural rules, as it often depends on the jurisdiction and the specific circumstances of the case.

Question 18

If a party rejects the decisions of an arbitrator and decides to go to court, they would have a trial de novo.

Accepted Answer

A trial de novo means a new trial, starting from scratch, as if the previous arbitration decision never happened. This would be the result if a party rejects the arbitration decision and decides to go to court.

Question 19

In voluntary ADR, evidence that would be inadmissible in litigation is usually deemed admissible in ADR proceedings.

Accepted Answer

Since voluntary ADR is conducted outside of the formal court system, the rules of evidence that apply in a courtroom may be relaxed or modified in order to promote efficient and effective resolution of disputes. This often means that evidence that would be considered inadmissible—such as hearsay or opinion testimony—may be allowed in ADR proceedings if it is relevant and helpful to the parties in reaching a mutually satisfactory outcome.

Question 20

The federal Constitution guarantees access to a jury trial in all civil cases.

Accepted Answer

The U.S. Constitution guarantees the right to a jury trial in federal civil cases only if the value in controversy exceeds $20, and this right is found in the Seventh Amendment. It does not guarantee a jury trial in all civil cases.

Quiz 14: Alternative Dispute Resolution