Question 1

What is the name of the uniform law authorizing the enforceability of arbitration agreements and describing procedures to be used?

Accepted Answer

The Uniform Arbitration Act is a model law that provides a legal framework for the enforceability of arbitration agreements and outlines the procedures to be used in arbitration.

Question 2

Unless the parties agree otherwise, court related or court ordered alternative dispute resolution is:

Accepted Answer

Unless the parties agree otherwise, court-related or court-ordered alternative dispute resolution is generally nonbinding, meaning that the parties are not required to abide by the outcome of the ADR process. If the parties do agree to a binding ADR process, then the outcome of that process will be enforceable as a court judgment. The option to request a jury trial is typically reserved for disputes that are not resolved through ADR and proceed to a trial.

Question 3

Which of the following is generally not a type of court-related ADR?

Accepted Answer

B

Question 4

What is one requirement for all arbitrators and mediators?

Accepted Answer

Neutrality is a key requirement for both arbitrators and mediators, as they are expected to be impartial and unbiased towards both parties. While experience as a former judge and admission to practice law may be desirable qualities, they are not mandatory for all arbitrators and mediators. Graduation from an ABA approved law school is also not a requirement, as there are other paths to becoming an arbitrator or mediator.

Question 5

Which of the following is an important consideration with alternative dispute resolution in criminal cases?

Accepted Answer

All of the considerations listed are important in the context of alternative dispute resolution in criminal cases. The type of crime can influence the appropriateness of alternative dispute resolution methods, constitutional rights for defendants must be upheld in any form of dispute resolution, and the right of society to see justice served is also a crucial factor.

Question 6

Which of the following is an activity of the American Arbitration Association?

Accepted Answer

The American Arbitration Association provides both arbitration and mediation services, and employs experienced lawyers and retired judges to act as neutrals in the dispute resolution process.

Question 7

What is the name of an individual hired by the parties to decide disputed pretrial matters in civil actions?

Accepted Answer

A special master is an individual hired by the parties to decide disputed pretrial matters in civil actions. An arbitrator is similar, but usually decides the entire case, not just pretrial matters. A mediator helps the parties negotiate a settlement, but does not decide the outcome. A private judge is a judge hired by the parties to hear the case rather than going through the court system, which is less common in civil cases.

Question 8

The ADR proceeding involving an out-of-court hearing before a neutral party who listens to two or more disputing parties and renders a decision resolving the dispute is known as:

Accepted Answer

The description given in the question matches the process of arbitration, where a neutral third party hears the arguments of the disputing parties and makes a decision that can be legally binding. Mediation (B) involves a neutral third party facilitating communication and negotiation between the parties, but the mediator does not make a decision. Negotiation (C) is a process where parties directly communicate and negotiate with each other without the help of a neutral third party. Mini-trial (D) is a process where parties present their cases to a panel of high-level executives and a neutral adviser who attempts to facilitate a settlement. Early neutral evaluation (E) involves a neutral third party giving an early evaluation of the case, but the decision is not binding.

Question 9

What is a type of informal, nonbinding trial in which disputing parties, usually businesses, present their side of the dispute to a jury of executives from the businesses?

Accepted Answer

A mini-trial is an informal, nonbinding trial that involves presenting the dispute to a jury of executives from the businesses involved. It is usually used by businesses to resolve disputes in a timely and cost-effective manner. The jury's decision is not legally binding but can help parties reach a settlement.

Question 10

Which of the following is not a benefit of alternative dispute resolution?

Accepted Answer

Alternative dispute resolution typically involves a neutral third party mediator or arbitrator, not a jury. The benefits of ADR include cost savings, speedier resolution, and maintaining a level of privacy and confidentiality.

Question 11

What is the name of the federal law found in sections in title 9 of the United States Code that recognizes the enforceability of arbitration agreements in cases dealing with maritime and interstate commerce?

Accepted Answer

The Federal Arbitration Act, found in sections in title 9 of the United States Code, recognizes the validity and enforceability of arbitration agreements in cases involving maritime and interstate commerce. The Uniform Arbitration Act is a model law adopted by states to provide consistency in arbitration procedures. The Federal Alternative Dispute Resolution Act establishes programs for alternative dispute resolution in the federal government. The Federal Mediation Act promotes mediation as a means of resolving disputes in the federal government.

Question 12

Which of the following frequently offer arbitration services?

Accepted Answer

The American Arbitration Association frequently offers arbitration services. Private judges can offer these services on a case-by-case basis, but it is not a common occurrence. The court system generally does not offer arbitration services.

Question 13

Who is an individual who presides over an arbitration hearing and renders a decision?

Accepted Answer

An arbitrator is an individual who presides over an arbitration hearing and renders a decision, which is legally binding on both parties. Option A, a judge, is a decision-making authority in a court of law, while option B, mediator, helps parties to come to a mutual agreement but does not render a binding decision. Option D, special master, is a court-appointed lawyer who assists with legal proceedings but does not render decisions in an arbitration hearing.

Question 14

What is a proceeding that takes place early in a civil case in which the disputing parties meet with a neutral person who evaluates the case in an attempt to settle the dispute?

Accepted Answer

The description matches the process of early neutral evaluation, where a neutral third party evaluates the case at an early stage to facilitate a settlement between the disputing parties.

Question 15

A procedure often used by businesses in which disputing parties present their dispute before a special jury in non-binding trial is known as:

Accepted Answer

A mini-trial involves presenting the dispute before a special jury in a non-binding trial, allowing the disputing parties to assess their respective strengths and weaknesses, explore potential settlement options, and work towards a resolution. It is often used by businesses in complex disputes involving high stakes and multiple parties. Summary trials, binding arbitration, and nonbinding arbitration involve different procedures for resolving disputes, while early neutral evaluation is a process in which a neutral third party provides an early assessment of the strengths and weaknesses of each side's case.

Question 16

If a party challenges the validity or enforceability of an arbitration agreement, the other party seeking arbitration might file which action?

Accepted Answer

If one party challenges the validity or enforceability of an arbitration agreement, the other party seeking arbitration may file a motion to stay the court proceedings and refer the matter to arbitration. This allows the arbitrator to determine the validity and enforceability of the arbitration agreement.

B) Injunction 
 An injunction is a court order that requires a party to do or refrain from doing a certain action. While an injunction may be sought in the context of arbitration, it is not the appropriate action to file if the validity or enforceability of the arbitration agreement is being challenged.

C) Complaint 
 A complaint is a formal written document that initiates a lawsuit. However, if one party challenges the validity or enforceability of an arbitration agreement, the other party seeking arbitration would not file a complaint.

D) Appeal 
 An appeal is a request for a higher court to review a decision made by a lower court. However, if one party challenges the validity or enforceability of an arbitration agreement, there is typically no decision to appeal.

Question 17

What is the name of an individual hired by the parties to preside over a trial who is often a retired judge?

Accepted Answer

A private judge is an individual hired by the parties to preside over a trial who is often a retired judge. An arbitrator is similar to a private judge but is not necessarily a retired judge. A special master is appointed by the court to oversee certain aspects of a case. A mediator is a neutral third party who helps the parties reach a settlement.

Question 18

What is an informal, nonbinding trial in which disputing parties present their case to a judge or jury in a way that circumvents the numerous rules of evidence?

Accepted Answer

A summary trial is an informal, nonbinding trial where parties present their case to a judge or jury without adhering to the strict rules of evidence.

Question 19

The type of ADR most popular with family law and labor matters is:

Accepted Answer

Mediation is the best choice for family law and labor matters because it allows the parties to work together with a neutral third party to find a mutually acceptable solution to their dispute. This can be especially important in situations where ongoing relationships need to be maintained, such as in family law and employment cases. Arbitration is also commonly used in these types of cases, but it involves a decision being made by the arbitrator rather than the parties themselves.

Question 20

What is the process in which the parties discuss and negotiate the issues in dispute with the assistance of a neutral person?

Accepted Answer

Mediation is the process in which parties discuss and negotiate the issues in dispute with the assistance of a neutral person, the mediator. The mediator helps facilitate communication and guide the parties towards reaching a mutually acceptable resolution, but does not make a decision or impose a solution like an arbitrator or judge would. Mini-trials and summary trials are not typically associated with the use of a neutral third party, and may not involve negotiation or discussion between the parties themselves.

Quiz 13: Alternative Dispute Resolution