Question 1

one of the benefits of arbitration over litigation is that arbitrators, unlike judges, are not bound by.....

Accepted Answer

precedent

Question 2

the negotiation process requires the presence of.......

Accepted Answer

the disputing parties

Question 3

by resolving a case through ADR rather than litigation, the business avoids having the dispute used as ............ for future disputes.

Accepted Answer

precedent

Question 4

typically, parties who agree to mediate choose a neutral third party that has some level of ............... or ............ in a particular area of law

Accepted Answer

- expertise
- experience

Question 5

usually, in an arbitration, the rules of evidence tend to be

Accepted Answer

more relaxed

Question 6

mediation fosters:.............

Accepted Answer

- better working relationships
- less animosity

Question 7

Negotiation in which the parties are looking to protect their own individual interests is called............negotiation

Accepted Answer

adversarial

Question 8

whereas the result of litigation is either a verdict for or against a party, the mediation process allows for more.................... solutions to a dispute

Accepted Answer

creative

Question 9

unlike a judge's decision after a court hearing, an arbitrator is not required to support the decision with any conclusions of ...............................

Accepted Answer

law

Question 10

identify the true statements about arbitration

Accepted Answer

- parties can choose a subject- matter expert as their arbitrator
- it is more efficient than litigation

Question 11

arbitrators approved by either the American arbitration association or the federal mediation and conciliation services must follow an arbitrator's code of............................

Accepted Answer

ethics

Question 12

several states now allow .................... trials, an ADR method in which a referee is selected and paid by the disputing parties to offer a legally binding judgment in a dispute

Accepted Answer

private

Question 13

in .............. , the disputing parties select a neutral party to help facilitate communication and suggest ways for the parties to solve their dispute

Accepted Answer

mediation

Question 14

the .......................... ................................ ..................... act of 1998 requires that federal district courts haven an ADR program along with a set of rules regarding the program

Accepted Answer

alternative, dispute, resolution

Question 15

in cases involving .............. ............... rights, courts have refused to uphold arbitration agreements unless the language is clear and unmistakable.

Accepted Answer

federal, statutory

Question 16

negotiation generally occurs ............ more formal dispute resolution methods.

Accepted Answer

before

Question 17

the federal court mediation programs typically use .......... or ............... as mediators

Accepted Answer

judges, lawyers

Question 18

one of the benefits of arbitration over litigation is that arbitrators, unlike judges, are not bound by..............

Accepted Answer

precedent

Question 19

ADR is faster and less expensive than

Accepted Answer

litigation

Question 20

after lawyers present their arguments in a mini-trial, a neutral adviser makes a decision that is considered

Accepted Answer

non-binding

Question 21

which of the following is not a qualification for being an arbitrator?

Accepted Answer

law licensure

Question 22

arbitration panels can be comprised of...........................

Accepted Answer

- lawyers
- professionals

Question 23

private trials are usually held after a case has been filed in court and after the parties have completed....................

Accepted Answer

discovery

Question 24

at the conclusion of an arbitration, an arbitrator will issue a decision. that decision is called

Accepted Answer

award

Question 25

by resolving a case through ADR rather than litigation, the business avoids having the dispute used as ..................... for future disputes

Accepted Answer

precedent

Question 26

arbitration award have been struck down by courts in consumer agreement and employment contracts when the contract is determined to be

Accepted Answer

unconscionable

Question 27

true or false: mediation is more expensive than litigation

Accepted Answer

false

Question 28

the negotiation process required the presence of ............

Accepted Answer

the disputing parties

Question 29

identify the true statements about arbitration

Accepted Answer

- it is more efficient than litigation

Question 30

usually, in an arbitration, the rules of evidence tend to be

Accepted Answer

more relaxed

Question 31

how many months does it take the average case to move from complaint to resolution?

Accepted Answer

25months

Question 32

unlike a judge's decision after a court hearing, an arbitrator is not required to support the decision with any conclusions of ................................

Accepted Answer

law

Question 33

true or false: parties engaged in the mediation process are encouraged to communicate openly about a dispute, which results in preserving the ongoing relationship of the parties

Accepted Answer

true

Question 34

true or false : parties to negotiation maintain high levels of autonomy

Accepted Answer

true

Question 35

which legislative body passed the alternative dispute resolution act in 1998?

Accepted Answer

u.s. congress

Question 36

incases involving ........... ............. rights, court have refused to uphold arbitration agreements unless the language is clear nd unmistakable

Accepted Answer

- federal
- statutory

bus law champter4

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