B) False
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A) A process in which the parties agree to start out in mediation and,if the mediation is unsuccessful on one or more points,to move on to arbitration.
B) A process in which the parties agree to start in arbitration and move to litigation if the mediation is unsuccessful.
C) A process in which the parties agree to start in mediation and move to litigation if the mediation is unsuccessful.
D) A special type of blended mediation and arbitration applicable only in the medical malpractice arena.
E) A process in which the parties agree to start out in arbitration and,if the arbitration is unsuccessful on one or more points,move on to court-annexed ADR.
G) C) and E)
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B) False
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A) The Court ruled that the Federal Arbitration Act does not apply in employment contracts but that the common law of arbitration applies in employment contracts.
B) The Court ruled that the Federal Arbitration Act applies in employment contracts.
C) The Court ruled that neither the Federal Arbitration Act nor the common law of arbitration applies in employment contracts.
D) The Court ruled that whether the Federal Arbitration Act applies in employment disputes depends on the type of employment dispute involved,and that if the dispute involves claims of age discrimination,the Federal Arbitration Act does not apply.
E) The court ruled that the Federal Arbitration Act does not apply in employment contracts but that state statutes involving arbitration would apply to employment contracts.
G) B) and C)
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A) The remedy is to return to mandatory mediation.
B) The remedy is to sue for breach of contract.
C) The remedy is to proceed to arbitration.
D) The remedy is to proceed to a minitrial.
E) Because mediation is a voluntary process,there is no legal remedy.
G) B) and C)
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A) The only three recognized defenses are 1) that the arbitrator acted outside the scope of her or his authority when making the decision;2) that one of the parties to the agreement did not have the authority to enter into a legal contract;and 3) that the losing party did not receive notice of the arbitration.
B) The only defense recognized is that the losing party did not receive notice of the arbitration.
C) The only two recognized defenses are 1) that the arbitrator acted outside the scope of her or his authority when making the decision and 2) that one of the parties to the agreement did not have the authority to enter into a legal contract.
D) The only two recognized defenses are 1) that one of the parties to the agreement did not have the authority to enter into a legal contract and 2) that the losing party did not receive notice of the arbitration.
E) There are no recognized defenses.
G) A) and C)
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A) A union must contact the National Mediation Service to attempt to mediate its demands before beginning a strike to achieve higher wages or better working hours.
B) A union has no obligation to inquire into mediation before beginning a strike for any reason.
C) A union must contact the Judicial Arbitration and Mediation Services to attempt to mediate its demands before beginning a strike to achieve higher wages or better working hours.
D) A union must contact the State Mediation Consortium to attempt to mediate its demands before beginning a strike to achieve higher wages or better working hours.
E) A union must contact the Federal Mediation and Conciliation Services to attempt to mediate its demands before beginning a strike to achieve higher wages or better working hours.
G) D) and E)
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A) Mediation is allowed by federal law in e-commerce cases,but arbitration is not allowed.
B) Increasingly,litigants are using arbitration,but not mediation,to resolve disputes in e-commerce cases.
C) Increasingly,litigants are using mediation,but not arbitration,to resolve disputes in e-commerce cases.
D) Arbitration is allowed by federal law in e-commerce cases,but mediation is not allowed.
E) Increasingly,litigants are using arbitration and mediation to resolve disputes in e-commerce cases.
G) None of the above
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A) Private trials
B) Med-arb
C) Neutral submission
D) Early neutral case evaluation
E) Summary jury trial
G) C) and D)
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A) There are two approaches,adversarial negotiation and problem-solving negotiation.
B) There is only one approach to negotiation,adversarial.
C) There is only one approach to negotiation,problem-solving.
D) The ADR process known as "negotiation" is the same as the ADR process known as "mediation."
E) There is no form of ADR known as negotiation.
G) A) and E)
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B) False
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A) A binding trial conducted by a panel of mediators after a failed mediation.
B) An unabbreviated trial that leads to a binding jury verdict.
C) An abbreviated trial in which only a few witnesses are called to the stand leading to a binding verdict.
D) An abbreviated trial that leads to a binding jury verdict.
E) An abbreviated trial that leads to a nonbinding jury verdict.
G) B) and C)
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A) Coleman and Jade would be more likely to continue a business relationship after arbitration than if they engaged in litigation.
B) The dispute would be resolved quicker than litigation.
C) Coleman would spend less money on arbitration than if he engaged in litigation.
D) Coleman would not be allowed to bring any witnesses.
E) Coleman's assistant,a professional athlete,could testify about the poor quality of the shoes provided by Jade.
G) C) and D)
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A) Minitrials
B) Mediation
C) Neutral case evaluations
D) Private trials
E) Arbitration
G) C) and D)
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A) Almost all federal circuit courts of appeal have mediation programs underway.
B) By law ADR is outlawed at the federal appellate court level.
C) While ADR is popular at the district court level,few federal appellate courts use it.
D) All federal appellate courts use early neutral case evaluation but none use mediation.
E) All federal courts use arbitration but few have mediation programs.
G) C) and D)
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A) That parties have less control through the arbitration process than through a judicial action.
B) That arbitration is more expensive than court litigation.
C) That arbitration actions are less private than judicial actions.
D) That companies and employers can more easily hide disputes.
E) That it is too easy to get an arbitration award reversed by a judge.
G) None of the above
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A) ADR is outlawed in Japan
B) Compromise and conciliation,but not arbitration
C) Arbitration,but not compromise or conciliation
D) Compromise,conciliation,and arbitration
E) Conciliation and arbitration,but not compromise
G) A) and D)
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A) ADR neutral clause
B) Court-annexed arbitration clause
C) Consolidated merger clause
D) Approved mediation/arbitration clause
E) Binding arbitration clause
G) B) and C)
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A) Private trials
B) Mediation
C) Arbitration
D) Early neutral case evaluation
E) Summary jury trials
G) D) and E)
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A) He is incorrect.
B) He is correct.
C) He is partially correct.The law only applies to European countries.
D) He is partially correct.The law only applies to any country that has signed the North American Free Trade Agreement.
E) He is partially correct.The law only applies to any country not a party to the North American Free Trade Agreement.
G) A) and D)
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