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| 1 | |
The term __________ dispute resolution refers to the resolution of legal disputes through methods other than litigation, such as negotiation, mediation, arbitration, summary jury trials, mini-trials, neutral case evaluations, and private trials. |
| | A) | Alternating |
| | B) | Alternative |
| | C) | Qualified |
| | D) | Quasi- |
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| 2 | |
In __________ negotiation, each party seeks to maximize its own gain, while in __________ negotiation, the parties seek joint gain. |
| | A) | Arbitrated; mediated |
| | B) | Mediated; arbitrated |
| | C) | Adversarial; problem-solving |
| | D) | Problem-solving; adversarial |
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| 3 | |
Arbitration: |
| | A) | Involves the resolution of a dispute, by a neutral third party, outside the judicial setting |
| | B) | Is costlier and more time-consuming than mediation |
| | C) | Is costlier and more time-consuming than litigation |
| | D) | Is an specialized form of mediation |
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| 4 | |
According to the Federal Arbitration Act, under which of the following circumstances can an arbitrator's award be set aside? |
| | A) | The award was the result of corruption, fraud, or other undue means |
| | B) | The arbitrator displayed bias or corruption |
| | C) | The arbitrator was not a duly-appointed judge or licensed attorney of the jurisdiction in which the dispute arose |
| | D) | The arbitrator exceeded his/her authority, or failed to use that authority to make a mutual, final, and definite award |
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| 5 | |
All of the following are advantages of arbitration except: |
| | A) | Arbitration is more efficient, although more expensive, than litigation |
| | B) | Parties have more control over the process of dispute resolution through arbitration |
| | C) | The parties can choose someone to serve as the arbitrator who has expertise in the specific subject matter of the dispute |
| | D) | All of the above are advantages of arbitration |
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| 6 | |
In a binding arbitration clause: |
| | A) | A contractual provision gives the parties the opportunity to select arbitration, mediation, or litigation as the method of dispute resolution |
| | B) | The losing party must be handcuffed and led out of the arbitration room, and immediately begin serving an arbitrator-imposed term of imprisonment |
| | C) | A contractual provision mandates that all disputes arising under the contract must be settled by arbitration |
| | D) | None of the above |
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| 7 | |
Which of the following does not constitute a suitable recommendation for creating a binding arbitration clause? |
| | A) | The arbitration clause must be unilateral |
| | B) | Specify how the arbitrator will be selected |
| | C) | Avoid limitations on the remedies available to the parties |
| | D) | All of the above are suitable recommendations for creating a binding arbitration clause |
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| 8 | |
"Med-arb" is a dispute resolution process in which the parties: |
| | A) | Agree to begin in mediation, and if the mediation is unsuccessful (either partially or entirely), the parties agree to proceed to arbitration |
| | B) | Agree to begin in arbitration, and if the arbitration is unsuccessful (either partially or entirely), the parties agree to proceed to mediation |
| | C) | Agree that medical expense disputes will be resolved by way of arbitration |
| | D) | Agree to select a mediator and arbitrator to resolve their dispute; the mediator and arbitrator selected are duty-bound to work together to render a decision resolving the dispute |
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| 9 | |
A summary jury trial is an abbreviated trial that leads to a __________. |
| | A) | Negotiated settlement |
| | B) | Binding jury verdict |
| | C) | Nonbinding jury verdict |
| | D) | Mediated settlement |
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| 10 | |
The 1998 Alternative Dispute Resolution Act: |
| | A) | Requires that in all district courts, civil litigants must consider the use of an alternative dispute resolution process at an appropriate stage in the litigation |
| | B) | Gives each district court the choice whether to require alternative dispute resolution |
| | C) | Attempts to impress upon parties and courts the advantages of alternative dispute resolution |
| | D) | All of the above |
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