Question 1

Some jurisdictions provide for _____ after cases have been filed if the case will require a great deal of time for trial and is unlikely to be settled by negotiation.

Accepted Answer

Some jurisdictions provide for summary jury trial after cases have been filed if the case will require a great deal of time for trial and is unlikely to be settled by negotiation.

Question 2

Which of the following statements is true regarding regulatory negotiation?

Accepted Answer

This mechanism is used by administrative agencies wishing to avoid protracted litigation with interested groups over regulations which the agency wants to issue. In this way there is less likelihood of a challenge once the regulations are promulgated.

Question 3

Which of the following statements is true regarding a minitrial?

Accepted Answer

In the case of minitrials, lawyers for both sides assemble a panel of a neutral advisors and high-ranking business executives with settlement authority from each business.

Question 4

In which of the following ADR mechanisms, the arbitrator's award is virtually final, and can be reviewed only by a court of law for reasons involving unconstitutionality, abuse, collusion, or fraud in the third party's decision?

Accepted Answer

In binding arbitration, the arbitrator's award is virtually final, and can be reviewed only by a court of law for reasons involving unconstitutionality, abuse, collusion, or fraud in the arbitrator's decision and like bases attacking the validity of the award itself. However, parties who simply do not like the award cannot decide to use the courts as another chance to resolve the dispute.

Question 5

Which of the following statements is true regarding a mock trial?

Accepted Answer

In the case of mock trial the attorney assembles a mock jury made up of ordinary citizens, presents the case as if in court, and then requests them to make a decision.

Question 6

Define alternative dispute resolution (ADR).

Accepted Answer

The answer of Define alternative dispute resolution (ADR)....

Question 7

This mechanism is used by administrative agencies wishing to avoid protracted litigation with interested groups over regulations which the agency wants to issue. Identify the dispute resolution method in the discussion.

Accepted Answer

Regulatory negotiation is used by administrative agencies wishing to avoid protracted litigation with interested groups over regulations which the agency wants to issue.

Question 8

Which of the following is true regarding summary jury trial?

Accepted Answer

In the summary jury trial method, a small jury is chosen just as a regular jury would be, the case is presented in summary fashion by the parties, and the jury renders a verdict. Based on the jury's input, the parties are urged to negotiate a settlement if it is appropriate.

Question 9

In this alternative method of dispute resolution lawyers for both sides assemble a panel of a neutral advisors and high-ranking business executives with settlement authority from each business. Generally the parties look at the problem as one of a business nature rather than a legal nature and then go into settlement negotiations afterwards. Identify the dispute resolution method in the discussion.

Accepted Answer

The alternative dispute resolution method described above is called minitrials.

Question 10

In binding arbitration, the arbitrator's award cannot be reviewed if:

Accepted Answer

In binding arbitration, the arbitrator's award is virtually final, and can be reviewed only by a court of law for reasons involving unconstitutionality, abuse, collusion, or fraud in the arbitrator's decision and like bases attacking the validity of the award itself. However, parties who simply do not like the award cannot decide to use the courts as another chance to resolve the dispute.

Question 11

_____ agreements are almost always included in international commercial transactions as a way of avoiding international litigation.

Accepted Answer

Binding arbitration agreements are almost always included in international commercial transactions as a way of avoiding international litigation.

Question 12

If two parties involved in a dispute, decide to take help of The American Arbitration Association then the matters of scheduling the arbitration and hearing and paying for the arbitrator's services are arranged with the arbitrator by the _____.

Accepted Answer

The matters of scheduling the arbitration hearing and paying for the arbitrator's services are arranged with the arbitrator directly by the parties.

Question 13

Discuss the need for alternative dispute resolution (ADR).

Accepted Answer

The answer of Discuss the need for alternative dispute resolution...

Question 14

Which of the following is most likely to address virtually all disputes to be arbitrated other than those where a union or a collective bargaining agreement is in effect?

Accepted Answer

Commercial arbitration addresses virtually all disputes to be arbitrated other than labor. It includes employer/employee disputes where no union or collective bargaining agreement is in effect.

Question 15

Which of the following methods of dispute resolution is most likely to be used by a regulatory agency to negotiate the provisions of the regulations with the interested groups so that there is less likelihood of a challenge once the regulations are promulgated?

Accepted Answer

Regulatory negotiation is used by administrative agencies wishing to avoid protracted litigation with interested groups over regulations which the agency wants to issue.

Question 16

The decision reached by an arbitrator is called a(n) _____.

Accepted Answer

The decision reached by an arbitrator is called an award.

Question 17

Which of the following is the largest arbitration organization in the U.S?

Accepted Answer

The American Arbitration Association, the largest arbitration organization in the U.S., maintains a roster of over 7,000 arbitrators which anyone can use to choose an arbitrator for a dispute.

Question 18

Which of the following statements is true regarding arbitration?

Accepted Answer

Arbitration may be binding or nonbinding. If the arbitration is binding, the parties agree to abide by the decision reached by the arbitrator, thus ending the dispute. If it is nonbinding arbitration, a party not satisfied with the arbitrator's decision can proceed to litigation to resolve the dispute.

Question 19

Which of the following is true regarding the decision reached by the arbitrator in the case of binding arbitration?

Accepted Answer

There is generally no requirement that an arbitrator be a lawyer or have any legal training, or that their awards be consistent as with the concept of stare decisis and precedent as in legal cases.

Question 20

In this method of dispute resolution, the attorney assembles ordinary citizens, asks them to act as jury, presents the case as if in court, and then requests them to make a decision. Hearing the decision and questioning the "jury" about their deliberations can be very instructive for the attorney in deciding how best to proceed with the case and whether to seek a path other than litigation. Identify the dispute resolution method in the discussion.

Accepted Answer

The alternative dispute resolution method described above is called mock trials.

Quiz 2: Alternative Dispute Resolution