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Q:
In mandatory arbitration, an award is an intermediate step in resolving a dispute if the trial itself is desired by a party.
Q:
An arbitrators erroneous view of the law, no matter how egregious, is always binding because the disputing parties have agreed to accept their arbitrators view of the law.
Q:
The judicial review of an arbitrators award in a voluntary arbitration procedure is quite restricted and is more limited than the appellate review of a trial courts decision.
Q:
Rita files a case against her husband involving the custody of their child. This is an example of a case that is subject to court-annexed mediation.
Q:
The court mandates an enforcement mechanism that ensures the disputing parties will mediate in good faith.
Q:
In mediation, the disputing parties retain full control over the resolution (or lack thereof) of their controversy.
Q:
The federal system and all state systems require arbitration hearings to be conducted according to the established rules of evidence.
Q:
Individual states are not limited by the constitution when they make laws that deny arbitration of certain disputes.
Q:
Generally, an arbitrators award does not need to set forth conclusions of law or the reasons for an award.
Q:
The important role and positive perception of arbitration among businesses today probably would not exist without the Federal Arbitration Act.
Q:
Rules related to court-annexed mediation are federally mandated.
Q:
A court assumes arbitration was intended unless it can say with positive assurance that the arbitration clause was not intended to include the particular dispute.
Q:
A mediator cannot impose a binding solution on the disputing parties.
Q:
The issues submitted to arbitration in any state cannot include questions of law.
Q:
Arbitration enables the disputing parties to avoid the formalities of a courtroom.
Q:
It is mandatory to have a panel of three arbitrators to decide on any dispute case.
Q:
An arbitrator must satisfy the licensing requirements put forth by the American Arbitration Association.
Q:
The disputing parties in arbitration can choose an arbitrator only from a list of qualified arbitrators provided by the arbitration service regardless of any agreement made prior to the selection of arbitrators.
Q:
Each state has its own licensing regulations for arbitrators.
Q:
After a hearing is conducted by an arbitrator or arbitrators, the submission to arbitration occurs.
Q:
Generally, an agreement to submit an issue to arbitration is irrevocable.
Q:
A party involved in arbitration can withdraw from the arbitration process and resort to litigation if the members of that party think the process is not going well.
Q:
Most state statutes authorizing voluntary arbitration accept an agreement to arbitrate even if it is oral in form.
Q:
To avoid the various expenses of litigation, disputing parties can agree to have a third party decide the merits of their dispute.
Q:
A primary function of arbitration is to serve as a prelude to litigation.
Q:
Litigation precludes the use of alternative dispute resolution techniques.
Q:
The fact that the losing party in a lawsuit usually also has to pay court costs is an added incentive to settlement without litigation.
Q:
Juries often decide close questions of liability, as well as size of the verdict, against business organizations.
Q:
Focus groups give attorneys insight into possible jury reaction to evidence and point up weaknesses in a case.
Q:
Most businesses use litigation as the primary means to resolve disputes.
Q:
A dispute arises when one party makes a claim that another party denies.
Q:
When negotiating, the chances of a negotiated settlement through positional bargaining are high because positional bargaining focuses on the underlying conflicts.
Q:
In the context of negotiating styles, collaborating is the hardest to demonstrate even though it is a common response in a negotiation.
Q:
Positional bargaining is an approach based on principled, interest-based negotiations.
Q:
Concentrating on the seven elements of interest-based negotiation proposed by Roger Fisher, William Ury, and Bruce Patton can help remove some of the barriers created by positional negotiation.
Q:
What is the role of judicial review in voluntary/contract-based arbitration awards?
Q:
What are some of the constitutional challenges to mandatory arbitration?
Q:
What are the four grounds that section 10 of the Federal Arbitration Act provides for vacating an arbitration award?
Q:
What is arbitral misconduct? List five instances of arbitrator misconduct that would lead to the vacating of an arbitrators award.
Q:
The Magnuson-Moss Warranty Act provides that if a business adopts an informal dispute resolution system to handle complaints about its product warranties, then a customer cannot sue the manufacturer or seller for breach of warranty without first going through the informal procedures. How does the act benefit the business and the consumer?
Q:
Explain the alternative dispute resolution (ADR) technique of Med-Arb.
Q:
What is a caucus? How is it used in mediation?
Q:
Briefly state the types of cases that come under statutorily mandated arbitration and the procedure followed.
Q:
Discuss how arbitrators are selected and compensated for mandatory arbitration proceedings.
Q:
Compare and contrast voluntary and mandatory arbitration.
Q:
Discuss the advantages of mediation over litigation and arbitration.
Q:
What are the typical steps in a mediation process?
Q:
What are the advantages of using an expert rather than a judge as an arbitrator?
Q:
What are the benefits and difficulties of choosing a panel of three arbitrators over a single arbitrator?
Q:
Briefly discuss arbitral awards and their relation to the courts.
Q:
Discuss the effect of the Federal Arbitration Act on the courts view of arbitration.
Q:
Briefly discuss the approach to negotiation described in the book Getting to Yes by Roger Fisher, William Ury, and Bruce Patton, which discusses the seven elements of negotiation. What is the focus of the book, and how do the authors hope to change the focus of negotiation through it?
Q:
In the context of dispute resolution, what is a focus group and why and when can it be used?
Q:
Discuss the importance of arbitration in labor relations disputes.
Q:
In the context of alternative dispute resolution, briefly discuss the two forms of agreements to voluntarily arbitrate disputes.
Q:
What are the functions of experts in an arbitration?
Q:
Mandatory arbitration can be constitutional if __________.
A. the disputing parties include a contract clause for arbitration in the agreement before dispute arises
B. licensed arbitrators preside over all proceedings
C. all disputing parties agree in advance to be bound by the arbitration award
D. fair procedures are provided by the legislature and ultimate judicial review is available
E. it is bound by the Supremacy Clause and the Commerce Clause of the U.S. Constitution
Q:
Courts throughout the United States have uniformly upheld mandatory arbitration statutory schemes as against the constitutional challenges where a dissatisfied party can __________.
A. appeal against an award directly to the state Supreme Court
B. appeal against an award directly to the U.S. Supreme Court
C. reject an award and seek a review in the appropriate trial court
D. sue the arbitrator involved in the procedure
E. ignore the disputed award as it is not legally binding
Q:
When arbitration is pursuant to state statute, _____.
A. the statute determines what grounds may be used to challenge an award in court
B. the statute of the state where the dispute is first submitted prevails in the case of a dispute involving interstate commerce
C. a disputing party may choose to have provisions of the Federal Arbitration Act govern any resolution of the dispute if the state statute appears unfavorable to his or her position
D. only Congress can overturn it
E. only the U.S. Supreme Court can overturn it
Q:
In the context of judicial review of mandatory arbitration, de novo review means that __________.
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 disputing parties opt for mediation instead of litigation
D. the court halts a mediation process and begins litigation
E. the court takes into account the arbitrators award in the litigation
Q:
According to subsection (c) of the Federal Arbitration Act, which of the following actions constitutes misconduct on the part of an arbitrator that justifies vacating an arbitration award?
A. Accepting gifts from a party during the proceedings
B. Misunderstanding the law
C. Conducting a caucus with a party to the proceedings even if the other party consents to it
D. Making erroneous rulings during a hearing
E. Reaching erroneous findings of fact from an evidence
Q:
Briefly discuss how conflicts can be productive.
Q:
Which of the following is one of the primary reasons for the increase in the number of mediations?
A. The disputing parties in the mediation process retain control over when to settle.
B. Outcomes of mediations are legally binding.
C. The mediators in the mediation process are selected by the Supreme Court.
D. Lawyers play a more active role in the mediation process when compared to arbitration.
E. The mediation process involves a mediator and only one of the disputing parties.
Q:
The final step to a successful mediation is __________.
A. submitting any conclusions to a judge for judicial approval prior to implementation
B. the writing and signing of the agreement by the disputing parties
C. providing all evidence obtained during the mediation to the parties attorneys for use in the next phase of litigation
D. submitting the signed agreements to focus groups for approval
E. turning the results over to an arbitrator as a submission for arbitration
Q:
When the disputing parties agree to resolve all matters of contention that they can and agree to arbitrate the unresolved matters, they are said to be using an alternative dispute resolution technique known as _____.
A. judicial review
B. judicial activism
C. submission
D. Med-Arb
E. a caucus
Q:
Judicial review of the awards of voluntary arbitration can correct __________.
A. the outcome when both the disputing parties are dissatisfied with it
B. the erroneous rulings made by an arbitrator during the hearing
C. fraudulent or arbitrary actions by an arbitrator
D. erroneous findings of facts from the evidence by an arbitrator
E. the outcome even if one of the disputing parties is dissatisfied with it
Q:
In the context of judicial review of voluntary arbitration, error of law renders an arbitration award void only when __________
A. both disputing parties are dissatisfied with it
B. it violates a positive mandate of the law
C. the arbitrator reaches erroneous findings of fact from an evidence
D. it results in a huge financial loss for either of the disputing parties
E. the arbitrator misunderstands the law
Q:
_____ occurs when a trial judge requires the disputing parties to submit to the mediation process before a complaint can be litigated formally.
A. Submission
B. Party-directed mediation
C. Evaluative mediation
D. Med-Arb
E. Court-annexed mediation
Q:
Which of the following statements is true of caucuses in dispute resolution?
A. They are sometimes used by mediators to make the mediation processes more productive.
B. They only occur when mandated by a court order.
C. They involve negotiations between the disputing parties without a mediator and in the presence of their attorneys.
D. They are illegal because they are considered ex parte communications.
E. They are synonymous with de novo reviews.
Q:
A _____ in mediation occurs when a mediator meets privately with one party without the other party.
A. calumny
B. consensus
C. convention
D. convocation
E. caucus
Q:
Which of the following statements is true of mediation?
A. Mediation uses mediators who tend to be more experienced in the field than arbitrators; their decisions are less likely to be erroneous.
B. The disputing parties do not have control over the mediation process, reducing preparation time.
C. Mediation is typically more expensive than litigation and arbitration.
D. The outcome of a mediation process is legally binding on the disputing parties and is enforceable.
E. A trial judge can require the disputing parties to submit to the mediation process before a complaint can be litigated formally.
Q:
Unlike an arbitrator, a mediator __________.
A. is not a neutral party
B. can only be appointed by the Supreme Court
C. cannot impose a binding solution on the disputing parties
D. can impose a binding solution only on any one of the disputing parties
E. cannot be chosen by the disputing parties
Q:
Ahmed and Jerry enter into a business agreement to assemble and sell prepackaged salads. In their written agreement, both agree that they will be required to settle all disputes through arbitration. Which of the following statements is true of this situation?
A. This case is an example of a mandatory arbitration clause.
B. This case is an example of a voluntary arbitration clause.
C. This case is an example of a caucus arbitration agreement.
D. This case is an example of a court-annexed arbitration clause.
E. This case is an example of a postdispute arbitration agreement.
Q:
In the context of alternative dispute resolution, mediators __________.
A. can impose a binding solution on all disputing parties
B. typically use the principles of interest-based negotiations
C. must meet the licensing requirements for their decisions to be used in court if a dispute proceeds to litigation
D. typically help parties prepare for litigation
E. act as a necessary precursor to arbitration
Q:
Which of the following statements is true of arbitration procedures?
A. All types of arbitration procedures are voluntary and cannot be forced on the disputing parties.
B. Mandatory arbitration is a more effective alternative to litigation than a voluntary arbitration.
C. Generally, the award resulting from the voluntary arbitration procedure is final.
D. If an arbitrator made erroneous rulings during a hearing, the award can be set aside.
E. An arbitrators award is binding on the parties only if there was no error of law on the part of the arbitrator.
Q:
Mediators are similar to arbitrators in that __________.
A. they can impose binding decisions on the disputing parties
B. they must be qualified and trained to practice dispute resolution methods
C. their cases are always assigned by the Supreme Court
D. they operate in federally important cases rather than local cases
E. they must be disinterested third parties
Q:
_____ arise when parties already in dispute decide that arbitration is better than litigation.
A. Postdispute mandatory arbitrations
B. Involuntary arbitrations
C. Injunctions
D. Predispute contract-based clauses
E. Postdispute arbitration agreements
Q:
Jim Corp. and Bartle Inc., two parties involved in a spice trade contract, enter into a dispute because of conflicting interests. They are unable to agree to arbitrate and opt for settlement through litigation. This scenario indicates that to settle disputes, Jim Corp. and Bartle Inc. are most likely to have included __________.
A. the Supremacy Clause in their business contract
B. an involuntary arbitration clause in their business contract
C. a postdispute arbitration agreement in their business contract
D. a predispute arbitration clause in their business contract
E. the Commerce Clause in their business contract
Q:
Which of the following statements is true of voluntary arbitration?
A. Submission is required by statute.
B. The court will conduct a de novo hearing when reviewing the arbitration reward.
C. The procedure is associated with a courts supervision, and discovery is usually done.
D. The quality of the outcome is considerably affected when compared to mandatory arbitration.
E. The procedure is not tied to a court and is not bound by rules of evidence.
Q:
Jane is deprived of her alimony from Ben as he is reluctant to make a settlement. Which of the following statutes is most likely to be applicable in this case?
A. Contract-based arbitration statute
B. Temporary arbitration statute
C. Postdispute arbitration statute
D. Mandatory arbitration statute
E. Predispute arbitration statute