Question 1

Courts can use judicial review to change the awards of voluntary arbitration when:

Accepted Answer

A)   either disputing party is dissatisfied with the award.
B)   the arbitrator made erroneous rulings during the hearing.
C)   the actions of the arbitrator are deemed fraudulent or arbitrary.
D)   the arbitrator reached erroneous findings of fact from the evidence.
E)   an arbitrator makes a mistake of law during the proceedings.

Question 2

Generally an arbitrator's award does not need to set forth findings of fact, conclusions of law, or the reasons for an award.

Accepted Answer

A) True 
 B)False

Question 3

De novo review means that:

Accepted Answer

A)   the court appoints an arbitrator to initiate arbitration proceedings.
B)   the court tries the issues anew as if no arbitration occurred.
C)   the court recommends that the party opt for mediation instead of litigation.
D)   the court halts a mediation process and begins litigation.
E)   the court takes into account the arbitrator's award in the litigation.

Question 4

Private arbitrators are not permitted to decide on questions of law.

Accepted Answer

A) True 
 B)False

Question 5

The _____ of the U.S. Constitution is often used to set aside state laws that improperly deny arbitration of certain disputes.

Accepted Answer

A)   Takings Clause
B)   Bill of Rights
C)   Supremacy Clause
D)   Third Amendment
E)   Due Process Clause

Question 6

When parties agree to resolve all the matters of contention that they can and to arbitrate the unresolved matters, they are said to be using a variation of dispute resolution known as:

Accepted Answer

A)   judicial review.
B)   a focus group.
C)   submission.
D)   Med-Arb.
E)   a caucus.

Question 7

If an arbitrator makes a clearly erroneous ruling pursuant to a voluntary contract-based arbitration, there will be sufficient grounds for a judge to set aside the award.

Accepted Answer

A) True 
 B)False  False

Question 8

Arbitrators are typically chosen by:

Accepted Answer

A)   the U.S. Supreme Court.
B)   fiat.
C)   the disputing parties.
D)   Federal Rules of Civil Procedure.
E)   mediators.

Question 9

What potential problems do you see arising as a result of a poorly drafted predispute arbitration clause?

Accepted Answer

Students' answers may vary. The benefit ...

Question 10

A(n)  _____ will be enforced by the courts as if it were a judgment of the courts.

Accepted Answer

A)   award
B)   submission
C)   appeal
D)   pleading
E)   caucus A

Question 11

Mediators are similar to arbitrators in that:

Accepted Answer

A)   they can impose binding decisions on the parties.
B)   they must be qualified and trained to practice.
C)   their decisions can be imposed in a court of law.
D)   they operate in cases of federal rather than local importance.
E)   they must be disinterested third parties.

Question 12

What is a caucus? How is it used in mediation?

Accepted Answer

Sometimes, the mediator may decide that ...

Question 13

An arbitrator may be considered partial or corrupt by independently investigating a material matter after the close of hearings without telling either party about the investigation.

Accepted Answer

A) True 
 B)False

Question 14

Roger Fisher, William Ury, and Bruce Patton wrote a seminal book on negotiation titled _____.

Accepted Answer

A)   The Principled Proposition
B)   Making It Work
C)   Let's Just Talk
D)   Getting to Yes
E)   Letting It Go D

Question 15

When a losing party in an arbitration proceeding makes allegations of bias against an arbitrator, the allegations:

Accepted Answer

A)   automatically nullify the panel's opinion.
B)   normally do not impact the results of arbitration.
C)   result in a judge overturning the opinion.
D)   normally remove that arbitrator's opinion from the results of the arbitration.
E)   set off a new round of litigation.

Question 16

Which of the following is true of caucuses in dispute resolution?

Accepted Answer

A)   They generally occur during a mediation proceeding.
B)   They only occur when mandated by a court order.
C)   A caucus involves both parties negotiating without the mediator.
D)   They are illegal because they are considered ex parte communications.
E)   Caucuses are synonymous with de novo reviews.

Question 17

For mandatory arbitration to be constitutional:

Accepted Answer

A)   proceedings must be bound by standard judicial tenets such as discovery.
B)   licensed practitioners must preside over all proceedings.
C)   all disputing parties must agree in advance to be bound by the arbitration award.
D)   fair procedures must be provided by the legislature and ultimate judicial review is available.
E)   the foundational statute must have passed with a super-majority.

Question 18

A mediator cannot impose a binding solution on the parties.

Accepted Answer

A) True 
 B)False

Question 19

A(n)  _____ is a decision that arises when parties already in dispute decide that arbitration is better than litigation.

Accepted Answer

A)   submission
B)   motion to compel arbitration
C)   injunction
D)   arbitrability award
E)   postdispute arbitration agreement

Question 20

Statutorily mandated arbitration requires a higher level of judicial review of an award than voluntary arbitration.

Accepted Answer

A) True 
 B)False

Exam 5: Alternative Dispute Resolution

Courts can use judicial review to change the awards of voluntary arbitration when:

Correct AnswerverifiedShow Answer

Generally an arbitrator's award does not need to set forth findings of fact, conclusions of law, or the reasons for an award.

Correct AnswerverifiedShow Answer

De novo review means that:

Correct AnswerverifiedShow Answer

Private arbitrators are not permitted to decide on questions of law.

Correct AnswerverifiedShow Answer

The _____ of the U.S. Constitution is often used to set aside state laws that improperly deny arbitration of certain disputes.

Correct AnswerverifiedShow Answer

When parties agree to resolve all the matters of contention that they can and to arbitrate the unresolved matters, they are said to be using a variation of dispute resolution known as:

Correct AnswerverifiedShow Answer

If an arbitrator makes a clearly erroneous ruling pursuant to a voluntary contract-based arbitration, there will be sufficient grounds for a judge to set aside the award.

Correct AnswerverifiedFalse

Arbitrators are typically chosen by:

Correct AnswerverifiedShow Answer

What potential problems do you see arising as a result of a poorly drafted predispute arbitration clause?

Correct AnswerverifiedStudents' answers may vary. The benefit ...View AnswerShow Answer

A(n) _____ will be enforced by the courts as if it were a judgment of the courts.

Correct AnswerverifiedA

Mediators are similar to arbitrators in that:

Correct AnswerverifiedShow Answer

What is a caucus? How is it used in mediation?

Correct AnswerverifiedSometimes, the mediator may decide that ...View AnswerShow Answer

An arbitrator may be considered partial or corrupt by independently investigating a material matter after the close of hearings without telling either party about the investigation.

Correct AnswerverifiedShow Answer

Roger Fisher, William Ury, and Bruce Patton wrote a seminal book on negotiation titled _____.

Correct AnswerverifiedD

When a losing party in an arbitration proceeding makes allegations of bias against an arbitrator, the allegations:

Correct AnswerverifiedShow Answer

Which of the following is true of caucuses in dispute resolution?

Correct AnswerverifiedShow Answer

For mandatory arbitration to be constitutional:

Correct AnswerverifiedShow Answer

A mediator cannot impose a binding solution on the parties.

Correct AnswerverifiedShow Answer

A(n) _____ is a decision that arises when parties already in dispute decide that arbitration is better than litigation.

Correct AnswerverifiedShow Answer

Statutorily mandated arbitration requires a higher level of judicial review of an award than voluntary arbitration.

Correct AnswerverifiedShow Answer

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False

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Students' answers may vary. The benefit ...
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A

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Sometimes, the mediator may decide that ...
View Answer

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D

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