FiltersDone

Question type

Essay

Multiple Choice

Short Answer

True False

Matching

Exam 4: Alternative Dispute Resolution and Cyber-Adr

Show Answer

Share

---

All types

Filters

Study FlashcardsPractice ExamLearn

Question 21

Multiple Choice

Review LaterAdd Note

Review Later

________ is an ADR technique by which parties hire a retired judge or a magistrate to hear the dispute,following rules used in an official trial.

A) Partnering
B) A private civil trial
C) Early neutral evaluation
D) Med-arb

Correct Answer

verified

Show Answer

Question 22

Essay

Review LaterAdd Note

Review Later

The FFEA,a federal agency,was charged with the task of drafting a series of rules to implement the New England Fusion Reactor Initiative.The FFEA anticipates that the new rules will involve drastic changes for all the concerned parties.Rather than simply writing the rules and placing them before the affected parties,what action might the FFEA take to minimize the other parties' dissatisfaction with the rules? Explain.

Correct Answer

verified

Rather than simply writing the rules and...

View Answer

Show Answer

Question 23

Essay

Review LaterAdd Note

Cheatham and Dunlay are involved in a partnership dispute that presents several complex legal issues.They decide to use early neutral evaluation.Discuss how this process might be helpful in this situation.

A criminal law case can be resolved by an ADR panel.

Post-appellate procedures:

The parties involved in the dispute can use early normal evaluation (ENE)to settle a case or proceed to trial.

Colleagues Sarah and Julia are involved in a dispute and get another colleague,William,to make suggestions about helping them resolve their dispute.This is an attempt at mediation.

Tom and Jerry operate an ice cream business as equal partners.Tom wants to reinvest the profits,and Jerry wants to distribute and spend the profits.If they litigate,the court will likely order the business assets sold,which will destroy the income potential for both Tom and Jerry.Discuss how this dispute might be resolved by arbitration.

An arbitration hearing must be planned and executed by the court.

Alternative Dispute Resolution can be expensive because of the initial steps prior to the filing of a lawsuit.

Med-Arb is a process that combines negotiation and mediation to deliver effective results.

Because of its cost-effectiveness,ADR is able to address critical social issues that may never reach the judicial system,thus filling in the policy gaps in the evolution of case law and the progression of legislation.

Early neutral evaluation (ENE) is a(n) :

Kurt Johannessen,a well-known professional athlete,and Tina,his actress wife,have filed for divorce and are involved in a dispute for the custody of their son.Because of their celebrity status,neither wants the media coverage and public detailing of their private lives that come with official court trials.However,mediation and arbitration efforts have failed as neither party is willing to compromise.Discuss how they can resolve their custody dispute and avoid the publicity issues.

In the Opening Case,Considine v.Brookdale Senior Living,Inc. ,Brookdale's arbitration clause in the employment agreement was found to be:

Mediation always precedes the filing of a lawsuit.

Kim and Dave are filing for a divorce and dispute the value of assets they acquired while married.Each has had appraisers value the assets,but the appraisers have reached differing conclusions.How will a summary jury trial help in this situation?

A collective science court (CSC)will not succeed unless it has the power to compel the parties to submit to its authority.

Some jurisdictions require litigants to submit to case management hearings and settlement hearings before they can secure a trial date.

Proactive ADR increases the likelihood of litigation.