FiltersDone

Question type

Essay

Multiple Choice

Short Answer

True False

Matching

Exam 2: Alternative Dispute Resolution

Show Answer

Share

---

All types

Filters

Study FlashcardsPractice ExamLearn

Question 21

Multiple Choice

Review LaterAdd Note

Review Later

Which of the following is true regarding summary jury trial?

A) Lawyers for both sides assemble a panel of a neutral advisors and high-ranking business executives with settlement authority from each business.
B) This method involves selecting a small jury just as a regular jury without telling them that their decision is not binding.
C) It involves assembling ordinary citizens and then asking them to act like a jury.
D) This mechanism is used by administrative agencies wishing to avoid protracted litigation with interested groups over regulations which the agency wants to issue.

E) A) and D)
F) All of the above

Correct Answer

verified

Show Answer

Question 22

Multiple Choice

Review LaterAdd Note

Review Later

Which of the following methods of dispute resolution is most likely to be used by a regulatory agency to negotiate the provisions of the regulations with the interested groups so that there is less likelihood of a challenge once the regulations are promulgated?

A) Mock trials
B) Minitrials
C) Regulatory Negotiation
D) Summary jury trial

E) None of the above
F) C) and D)

Correct Answer

verified

Show Answer

Question 23

Multiple Choice

Review LaterAdd Note

If two parties involved in a dispute, decide to take help of The American Arbitration Association then the matters of scheduling the arbitration and hearing and paying for the arbitrator's services are arranged with the arbitrator by the _____.

_____ allow EEOC, to hold off on proceeding with the claim filed by the employee with EEOC and instead refer it back to the employer for handling by the employer's own internal EEOC approved mediation program.

Arbitration involves the intervention of a disinterested third party into a dispute.

What is commercial arbitration?

What is labor arbitration?

What is the major difference between arbitration and mediation?

After mediation, the next most frequent ADR mechanism is _____.

Commercial arbitration addresses those employer/employee disputes where no union or collective bargaining agreement is in effect.

The alternative dispute resolution method used by administrative agencies wishing to avoid protracted litigation with interested groups over regulations which the agency wants to issue is mock trial.

Apex Corporation has a disagreement over the terms of an agreement with the national distributor of their product. Apex Corporation and the distributor talk to each other about their dispute, in an effort to reach a resolution of the conflict without involving intermediation by a disinterested third party. This is an example of _____.

Discuss conciliation.

In the case of minitrials, generally, parties look at the problem as one of a business nature rather than a legal nature.

In the case of binding arbitration, parties can decide to use the courts as another chance to resolve the dispute if they do not like the award.

The very first thing a party with a conflict should do is to attempt _____ with the other party to the dispute.

What is a mock trial? Explain its advantages.

Resolving a dispute with the help of an alternative dispute resolution mechanism is more expensive and time-consuming than resolving it with the help of litigation.

Which of the following statements is true regarding conciliation?

Which of the following statements is true regarding an ADR program attached to the court?