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A process in which a third party selected by the disputants helps the parties to voluntarily resolve their disagreement is known as:
a. Mediation
b. Discovery
c. Arbitration
d. Settlement.
a. mediation
What's the first step in Alternative Dispute Resolution?
a. Conciliation
b. Mediation
c. Negotiation
d. Arbitration
c. negotiation
What's the definition of negotiation?
Negotiation is the process by which parties with nonidentical preferences allocateresources through interpersonal activity and joint decision making.
How does the process of negotiation work?
The goal of negotiation is to find a solution to an issue. There are two major goals: (i)relational (focused on building, maintaining, or repairing a partnership, connection, or rapport with another party) and (ii) outcome (concentrated on achieving certain end results).
A person trained in conflict resolution is considered:
a. An arbitrator
b. A mediator
c. A negotiator
d. A judge.
b. a mediator
Mediation focuses on:
a. Solutions
b. Testimony
c. Expert witnesses
d. Discoveries
a. solutions
what are the steps in mediation?
a. mediators opening statement
b. Opening Statements of Plaintiff and Defendant
c. Joint Discussion
d. Private Caucus (one on one)
e. Joint Negotiation
f. Closure
Roger and Larry are having a dispute regarding their joint business. They want to have a binding resolution to their dispute, but they would prefer to have the dispute handled privately by someone with special expertise. The best form of dispute resolution for their problem would be:
a. Arbitration
b. Litigation
c. Mediation
d. Summary Jury Trial
a. arbitration
All of the following are methods to enforce an arbitrator's decision except:
a. Writs of Execution
b. Garnishment
c. Fines
d. Liens
c. fines
Describe the typical steps in Arbitration
a. number of arbitrators is decided, along with how they will be chosen
b. a timeline is established
c. evidence is presented by both parties
d. the arbitrator will make a decision and usually makes one or more awards
Explain the differences between binding and non-binding arbitration.
The difference between binding and non-binding arbitration is: in binding arbitration, the decision of the arbitrator is final, and except in rare circumstances, neither party can appeal the decision through the court system. In non-binding arbitration, the arbitrator's award can be thought of as a recommendation: it is only finalizing if both parties agree that it is an acceptable solution.
All of the following are the most common applications of arbitration in the business context except:
a. Labor
b. Business Transactions
c. Property Disputes
d. Torts.
d. torts
The following are the type of awards that may be issue by an arbitrator:
a. Bare Bones
b. Reasoned
c. Both a and b
d. Neither a nor b.
c. both A and B
