Questions and Answers

 1.
Which are the four correct methods of ADR?

o A.

Arbitration

o B.

Negotiation

o C.

Conciliation

o D.

Legislation

o E.

Mediation

 2.
Which are the correct advantages of Negotiation?

o A.

Its Quick

o B.

Cheap Process

o C.

Privacy

o D.

Might not come to a decision

o E.
 Lack of certainty

 3.
Do the parties have to meet in mediation?

o A.

Yes

o B.

No

 4.
Whats a typical cost of Mediation services?

o A.

£1000 - £1500 a day

o B.

£500 - £700 a day

o C.

£1600 - £2000 a day

o D.

£50 - £100 a day

 5.
Whats the similarity with mediation and conciliation?

o A.

They sound the same

o B.

They both use a messenger

 o C.

They are the same

 6.
Whats an arbitrators role?

o A.

Sit and talk

o B.

Acts like a judge

o C.

Acts like a jury

o D.

Acts like a police officer

 7.
Which are the correct disadvantages of Arbitration?

o A.

Legal point

o B.

Fees expensive

o C.

Limited appeal

o D.

Delays

o E.
 Flexible

 8.
What does ADR actually stand for?

o A.

Alternative desperate resolution

o B.

Alternative dispite resolution

o C.

Alternative dispute resolution

 1.
What are the four methods of ADR?

Negotiation, Mediation, Conciliation and Arbitratio

 2.
Which method is the least formal?

o A.

Conciliation

o B.

Negotiation

o C.

Arbitration

o D.

Mediation
 3.
What method is the most formal?

o A.

Conciliation

o B.

Mediation

o C.

Negotiation

o D.

Arbitration

 4.
In arbitration, can parties use lawyers?

o A.

Yes

o B.

No

 5.
Which method is usually the first one people use?

o A.

Mediation

o B.

Arbitration

o C.
 Negotiation

o D.

Conciliation

 6.

 The object of arbitration arbitration

....... is to obtain the fair resolution of disputes by an impartial tribunal
without unnecessary delay or expense.

A benefit of ADR is it:

Your Answer: saves time.

17. Which of the following ADR

methods have a person that
decides the dispute?

Your Answer: Mediation

Correct Answer: Arbitration

18. "ADR" refers to:

Your Answer: alternative

dispute
resolution.

About 70% of the states have adopted the Uniform Arbitration Act, which promotes
arbitration of disputes at the state level.

Your Answer: True

Correct Answer: False

Mediation
 A neutral third party assists the parties in trying to settle the case, often expressing his
opinion as a means to reach agreement.

Conciliation Parties hire a neutral person to help them resolve their dispute.

Which is the most correct statement about

ADR?

Your Answer: ADR can carry the full power

and weight of any formal
litigation setting if the
parties are bound to
participate and accept the
decision.

The Power of Binding

Arbitration.

2. Which legal proceeding

would back up or insure the
arbitration result?

Your Answer: Motion to

Enforce
Correct Answer: Motion to
Compel

The judgment can be subject

to judicial oversight if
binding in design.

When comparing the role of

mediator with arbitrator,
which is the most correct
statement?
Your Answer: Arbitrators
and
Mediators
have
differing
goals as to
problem
resolution.
Correct Answer: Arbitrators
3. tend to
favor one
side over
the other
in the final
decision.

They are distinct creatures

with similar aims.

4. Which is not a private

company delivering ADR
services?

Your Answer: Compulsory

Arbitration
Program of
Trial Court

Increasingly public courts

have implemented ADR
programs for certain types of
cases.

5. Arbitration can be carried out

in diverse ways including:

Your Answer: Single

Arbitrator
Alone.
Correct Answer: By Panel,
Single
Arbitrator
or by
Board
Review.

Answer highlights diverse

approaches to the field of
arbitration.

Which provision of the Code of Civil Procedure, 1980 specifically provides for the settlement of disputes
through Alternative Dispute Resolution?
a) There is no specific provision of CPC providing for alternative dispute resolution.

b) The CPC as a whole provides for alternative dispute resolution.

c) Section 89 of the CPC expressly provides for settlement of disputes through alternative dispute
resolution.

d) It is not the CPC, but rather, the Arbitration Act of 1987 which is the governing law on alternative
dispute resolution in the country today.

8. Which of the following most accurately describes the requirements of a valid arbitration agreement
under the Arbitration and Conciliation Act, 1996?

a) There is no need for parties to a dispute to frame an arbitration agreement under the Arbitration Act,
1996

b) The parties need not concern themselves with validity of the arbitration agreement.

c) The provisions of the Indian Contract Act, 1872, do not apply to such agreements.

d) The arbitration agreement must be valid as per the Contract Act, and the parties must be competent
to contract.

MULTIPLE CHOICE QUESTIONS (10

points) 1. Which of the following
MULTIPLE CHOICE QUESTIONS (10 points)
1. Which of the following is not true regarding ADR?

a.ADR techniques adhere to the Federal Rules of Civil Procedure

b.ADR is flexible and can be customized for most problem situations.
c.ADR is more informal and less structured than litigation DOUBT
d.ADR is generally less expensive than litigation.
2. Which of the following is not considered to be a form of ADR?

a.negotiation
b.mediation
c.small claims court
d.arbitration
3. What of the following describes the role of the mediator?

a.makes a binding settlement

b.chooses between two alternatives
c.helps the parties reach a decision
d.represents the parties in court
4. Which of the following is true about mediation?
a.It is not binding on the parties. LEGALLY BIND
b.It involves the skillful use of a jury.
c.It is the same as negotiation. NOT SAME
d.It provides a fixed award that splits the difference between what is requested by each
party.

5. Alternative dispute resolution is

a.a pretrial motion in support of discovery

b.a broad term for various methods of dispute resolution other than litigation
c.required by statute
d.imposed upon the parties

6. Negotiation is considered to be one of the methods of ADR because

a. disputes are often settled through skillful negotiation

b. sometimes mediation doesn't work

c. arbitration is too expensive

d. the same person serves in both mediation and arbitration

7. Positional bargaining

a.emphasizes mutual gain

b.confuses issues with ego
c.modifies unwise results
d.maintains a fair tribunal

8. When are negotiations most likely to succeed?

a.when the parties respect the mediator and communicate on a personal level
b.when all parties are willing to divide everything in half
c.when the issues and parties are limited in number and parties can communicate
d.when the parties already have a fixed position going into negotiation

9. The phrase "getting to the table" describes what difficulty?

a.avoiding problem-solving negotiations

b.getting all interested parties to agree to meet with each other
c.making emotional barriers go away before final agreement
d.seating arrangements

10. What cases should be mediated?

a.cases needing lots of discovery

b.cases with a large liability exposure for one or both parties
c.cases with no time constraints
 d.automobile liability cases
TRUE OR FALSE? (10 points)
11. ADR attempts to solve problems whereas litigation attempts to determine fault.

12. ADR generally takes more time to resolve disputes than courtroom litigation.

13. Arbitration and mediation are both forms of ADR.

14. A pleading, such as a complaint, initiates the mediation process.

15. In negotiations a neutral third party must be involved to resolve the dispute.

16. The Federal Rules of Evidence encourage private dispute resolution by forbidding the
admission at trial of statements made during settlement offers.

17. Listening, observing, and analyzing are skills involved in successful fact-finding.

18. Negotiation protocols in bilateral sessions should be as informal as possible.

19. The mediator's decision is called an "award."

20. The decision that emerges from ADR should be reduced to writing.

MULTIPLE CHOICE QUESTIONS(1 point each) Choose the best answer for each of the
following questions.

1. Arbitration is :
 a.binding upon the parties

b.a form of mediation

c.part of the court system

d.required by the Federal Rules

1. Under what legal theories might a mediator be potentially held liable by the parties to
mediation?

a.negligence

b.breach of contract

c.defamation

d.all of the above

1. Some public sector employees are required to arbitrate because

a.They don't have the ability to negotiate

b.They don't have the strike weapon at their disposal

c.Negotiations have been in bad faith

d.They don't have sufficient political power

1. The decision of the arbitrator is called a/an:

a.judgment

b.verdict

c.award

d.arbitrage
1. If an arbitrator goes beyond the agreement to arbitrate, and passes judgment on other
issues not included in the agreement, the award can be attacked as being:

a.non compos mentis

b.ultra vires

c.in flagrante delicto

d.quantum meruit

1. The summary jury trialexists to

a.give jurors experience before putting them on a real jury

b.give the lawyersan advance assessment of what a jury might do in a given case

c.hear petitions for summary judgment

d.give new judges experience with juries

1. An ombudsman is a neutral individual who:

a.promotes the products of his company

b.assists employees with workplace complaints

c.acts as an advocate for management

d.assists in negotiated rulemaking

1. Provisional relief is sometimes granted to:

a.maintain the status quo pending arbitration

b.change the rules on the merits

c.help an individual affected by the rule change

 d.the arbitrator during the proceedings

1. Med-arb is a process where:

a.Medical disputes are arbitrated

b.The same person serves as mediator and arbitrator, sequentially

c.mediation is avoided

d.the government negotiates with the parties before promulgating a ruling

1. A mini-trial is

a.The same as med-arb

b.The same as a summary jury trial

c.A private, voluntary, and structured settlement process in front of a neutral advisor

d.Negotiations with the government regarding the rulemaking process

TRUE OR FALSE ?(1 point each)

1.Most labor grievances are settled by arbitration provided for in the collective bargaining
agreement.

2.The doctrines of res judicata and collateral estoppel apply to arbitration awards.

3.The summary jury trial is not part of the court system.

4.Parties are not allowed to hire a private judge, as that subverts the integrity of the judicial
system.
5.Discovery, at a mini trial, is usually brief but should be significant enough for each side to
appreciate the key issues involved.

6.Early neutral evaluation involves a court-appointed lawyer who looks at the substance of
the dispute early in the process.

7.The award of an arbitrator is not enforceable in the courts.

8.Magistrates, special masters, and neutral experts are sometimes appointed by the court in
complex cases.

9.Arbitration is not an adversarial process.

10.An ethical issue may arise when an arbitrator deals with repeat parties.