Question 1

Resolving a dispute through alternative dispute resolution sets a precedent for future cases.

Accepted Answer

A) True 
 B)False

Question 2

Which of the following is a difference between arbitration and minitrials?

Accepted Answer

A)  The disputants are not represented by legal counsel in a minitrial, unlike in arbitration.
B)  The parties are more likely to be involved in direct communication during arbitration than in minitrials.
C)  The neutral party in arbitration is appointed by a court, but they are selected by the disputants in a minitrial.
D)  The neutral adviser in minitrials provides an opinion on the case, whereas the arbitrator delivers a binding decision.

Question 3

Why is an arbitrator's decision likely to be a compromise?

Accepted Answer

An arbitrator's decision is more likely ...

Question 4

In some U.S. states, disputes involving less than a certain amount of money automatically go to arbitration.

Accepted Answer

A) True 
 B)False

Question 5

Which of the following is true of a binding arbitration clause?

Accepted Answer

A)  The parties that have drawn up the contract can choose the arbitrator.
B)  The parties that have agreed on this clause can resolve their disputes in a federal court.
C)  It cannot be included in a collective bargaining agreement.
D)  It usually indicates that both parties agree to be bound by the arbitrator's award.

Question 6

In a private trial, the referee is empowered by statute to enter a legally binding judgment.

Accepted Answer

A) True 
 B)False

Question 7

A(n)  ________ is a separate agreement providing that a specific dispute be resolved through arbitration.

Accepted Answer

A)  escrow agreement
B)  submission agreement
C)  binding agreement
D)  unanimous consent agreement

Question 8

Which of the following is a difference between a private trial and litigation?

Accepted Answer

A)  The disputants select the neutral party in a private trial, but a judge is assigned to the lawsuit.
B)  Private trials need to be held with a jury, but the parties can waive their right to a jury in litigations.
C)  A judge has to state the conclusions of law, whereas a referee in a private trial need not.
D)  The disputants decide whether to be bound by the referee's verdict in a private trial, but not in a lawsuit.

Question 9

Which of the following best defines arbitration briefs?

Accepted Answer

A)  They are written arguments from both parties.
B)  They are official records of proceedings of the case.
C)  They are documents providing reasons for a decision.
D)  They are documents detailing the financial statements of both parties.

Question 10

________ is an ADR method that is often referred to as "rent-a-judge."

Accepted Answer

A)  Private trial
B)  Arbitration
C)  Early neutral case evaluation
D)  Minitrial

Question 11

State the criticisms of mediation.

Accepted Answer

The process of mediation has its critics...

Question 12

Which of the following statements is true of court-annexed arbitration?

Accepted Answer

A)  The arbitrator's decision is binding.
B)  A full trial cannot be held for a court-annexed arbitration case.
C)  The right of a dissatisfied party to reject a court-mandated arbitration decision is really necessary to preserve the disputants' due process rights.
D)  The court bears the costs of arbitration if a party chooses to go to court after arbitration.

Question 13

Which of the following statements is true of minitrials?

Accepted Answer

A)  The neutral adviser generally does not settle a dispute.
B)  The parties are not represented by their attorneys.
C)  The settlement authority resides with a jury.
D)  It is a lawsuit in which the right to trial by jury has been waived.

Question 14

Which of the following statements is true about arbitration?

Accepted Answer

A)  An arbitration is less efficient than a litigation.
B)  An official record of the arbitration hearing is always made to check for discrepancies.
C)  An arbitrator can question the witness for information.
D)  A legal counsel is required in arbitration.

Question 15

What are the consequences of the use of private trials according to critics?

Accepted Answer

The use of private trials may lead to th...

Question 16

Explain why there are concerns regarding the neutrality of dispute resolution firms.

Accepted Answer

Some legal scholars are concerned about ...

Question 17

Which of the following is a problem associated with arbitration?

Accepted Answer

A)  The arbitrators are chosen based on the demographics of the disputants.
B)  Allegations of race, sex, and age discrimination cannot be annexed to arbitration.
C)  Arbitration allows industries to hide its disputes from the public.
D)  Disputes involving intellectual property rights cannot be resolved through arbitration.

Question 18

Which of the following provides sufficient grounds to set aside an arbitrator's award?

Accepted Answer

A)  The parties were not represented by attorneys.
B)  The arbitrator did not cite any conclusions of law in the award.
C)  The arbitrator refused to postpone the hearing despite sufficient cause.
D)  The arbitrator did not request arbitration briefs before providing a decision.

Question 19

Which of the following is a difference between minitrials and private trials?

Accepted Answer

A)  Minitrials offer jury services, whereas private trials do not.
B)  Private trials ensure confidentiality, whereas minitrials do not.
C)  The neutral party reports findings of facts to a court in minitrials, but not in private trials.
D)  Private trials require a greater degree of direct communication between disputants than minitrials.

Question 20

Which of the following is common between a minitrial and a summary jury trial?

Accepted Answer

A)  The judgment delivered by the neutral party is binding on both the parties.
B)  The neutral party delivers a binding judgment if the parties are not able to reach an agreement.
C)  The disputing parties confer to reach a settlement after the verdict has been delivered.
D)  The jurors are selected by the disputants in both these methods of dispute resolution.

Exam 4: Alternative Tools of Dispute Resolution

Explain why there are concerns regarding the neutrality of dispute resolution firms.

Correct AnswerverifiedSome legal scholars are concerned about ...View AnswerShow Answer

Which of the following provides sufficient grounds to set aside an arbitrator's award?

Correct AnswerverifiedShow Answer

Which of the following best defines arbitration briefs?

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Which of the following statements is true of minitrials?

Correct AnswerverifiedShow Answer

Which of the following statements is true of court-annexed arbitration?

Correct AnswerverifiedShow Answer

Which of the following is true of a binding arbitration clause?

Correct AnswerverifiedShow Answer

Which of the following statements is true about arbitration?

Correct AnswerverifiedShow Answer

Which of the following is a difference between minitrials and private trials?

Correct AnswerverifiedShow Answer

Resolving a dispute through alternative dispute resolution sets a precedent for future cases.

Correct AnswerverifiedShow Answer

Why is an arbitrator's decision likely to be a compromise?

Correct AnswerverifiedAn arbitrator's decision is more likely ...View AnswerShow Answer

Which of the following is a difference between a private trial and litigation?

Correct AnswerverifiedShow Answer

A(n) ________ is a separate agreement providing that a specific dispute be resolved through arbitration.

Correct AnswerverifiedShow Answer

Which of the following is a problem associated with arbitration?

Correct AnswerverifiedShow Answer

In some U.S. states, disputes involving less than a certain amount of money automatically go to arbitration.

Correct AnswerverifiedShow Answer

In a private trial, the referee is empowered by statute to enter a legally binding judgment.

Correct AnswerverifiedShow Answer

________ is an ADR method that is often referred to as "rent-a-judge."

Correct AnswerverifiedShow Answer

Which of the following is a difference between arbitration and minitrials?

Correct AnswerverifiedShow Answer

Which of the following is common between a minitrial and a summary jury trial?

Correct AnswerverifiedShow Answer

State the criticisms of mediation.

Correct AnswerverifiedThe process of mediation has its critics...View AnswerShow Answer

What are the consequences of the use of private trials according to critics?

Correct AnswerverifiedThe use of private trials may lead to th...View AnswerShow Answer

Correct Answer
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Some legal scholars are concerned about ...
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An arbitrator's decision is more likely ...
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The process of mediation has its critics...
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Correct Answer
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The use of private trials may lead to th...
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