Alternative Dispute Resolution

This question bank verified by Studydeets

All Questions

Question 1

Free

True/False

Litigation is the quickest method of dispute resolution.

Choose correct answer/s

True

False

Check answer

Question 2

Free

True/False

A dispute arises when one party makes a claim that another party denies.

Choose correct answer/s

True

False

Check answer

Question 3

Free

True/False

Negotiation is the process used to persuade or coerce someone to do what you want them to do.

Choose correct answer/s

True

False

Check answer

Question 4

Free

True/False

Positional bargaining is an approach based on principled, interest-based negotiations.

Choose correct answer/s

True

False

Check answer

Question 5

Free

True/False

Positional negotiation creates barriers to resolution that may be removed by using principles instead of positions.

Choose correct answer/s

True

False

Check answer

Question 6

True/False

Once a lawsuit has been filed, ADR may not be used until the suit has gone to judgment or has been dismissed.

Choose correct answer/s

True

False

To unlock the question

Question 7

True/False

A negotiated settlement is generally more expensive and time-consuming than litigation.

Choose correct answer/s

True

False

To unlock the question

Question 8

True/False

Juries often decide close questions of liability, as well as size of the verdict, against business organizations.

Choose correct answer/s

True

False

To unlock the question

Question 9

True/False

Focus groups can deliver binding decisions in civil cases.

Choose correct answer/s

True

False

To unlock the question

Question 10

True/False

To avoid costly public litigation, parties can agree to have a private third party decide the merits of their dispute.

Choose correct answer/s

True

False

To unlock the question

Question 11

True/False

The arbitrator should be disinterested in any financial impact of the decision.

Choose correct answer/s

True

False

To unlock the question

Question 12

True/False

The arbitrator is empowered by the parties to reach a binding decision in a voluntary arbitration.

Choose correct answer/s

True

False

To unlock the question

Question 13

True/False

Normally, the decision to submit a dispute to arbitration is irrevocable.

Choose correct answer/s

True

False

To unlock the question

Question 14

True/False

If a party is unhappy with the way a private arbitration is going, it may unilaterally close the proceedings and move the dispute to public litigation.

Choose correct answer/s

True

False

To unlock the question

Question 15

True/False

In most state statutes authorizing voluntary arbitration, the agreement to submit to arbitration may be written or oral.

Choose correct answer/s

True

False

To unlock the question

Question 16

True/False

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

Choose correct answer/s

True

False

To unlock the question

Question 17

True/False

The arbitrator chooses the issues of the hearing to be resolved.

Choose correct answer/s

True

False

To unlock the question

Question 18

True/False

An arbitrator must be a lawyer or a judge in good standing in the community where the arbitration is to take place.

Choose correct answer/s

True

False

To unlock the question

Question 19

True/False

The sole source of qualified expert arbitrators currently is the American Arbitration Association.

Choose correct answer/s

True

False

To unlock the question

Question 20

True/False

Each state has its own licensing regulations for arbitrators.

Choose correct answer/s

True

False

To unlock the question