Question 1

In order to be a mediator,a person must have a law degree.

Accepted Answer

A) True 
 B)False

Question 2

What was the result in the Case Opener in which an employee of Hooters complaining of sexual harassment attempted to avoid a signed arbitration agreement?

Accepted Answer

A)  The court itself rewrote the arbitration agreement,and it was then enforced.
B)  The court fully enforced the arbitration agreement as it was written.
C)  The arbitration agreement was not enforced by the court.
D)  The court required that Hooters rewrite the arbitration agreement,and it was then enforced.
E)  The court enforced the arbitration agreement in part,but required,contrary to the agreement,that Hooters provide the employee the specifics of its defenses at least 5 days before the commencement of the arbitration.F) C) and D)
G) D) and E)

Question 3

How is arbitration preferable to litigation,and what are criticisms of arbitration as compared to litigation?

Accepted Answer

Arbitration is prefe...

Question 4

[Pet Pics] Ari went to work as an independent contracting photographer for Wild Pet Pics,a company specializing in photographing exotic pets,such as monkeys and snakes,with their owners.The company's home office was in California,but Ari worked in Florida.Before he started work,Ari signed an agreement to arbitrate any dispute he had with the company.The arbitration agreement provided that in the event of a dispute,Ari would completely cover the cost of the arbitration;that he could only receive up to $150 in damages regardless of his claims,punitive or otherwise;and that any arbitration would be conducted at the company's home office.The agreement also provided that the arbitrator was not bound to strictly follow the official court rules of evidence.Ari signed the agreement because he really needed a job and liked animals.His only previous animal photography experience,however,had been with cats and dogs.Ari's contract provided that he would be paid $100 per shoot and that the company would take steps to ensure his safety.One day he was called in to photograph a skunk and its owner.He was told by the receptionist at Wild Pet Pics that the skunk had been altered so that it could not spray.Ari felt safe.Unfortunately,the skunk had not been altered.Just as he was starting to shoot,the skunk became upset.It ran towards Ari,sprayed Ari,and in the resulting commotion,Ari's expensive camera was knocked over and broken.Plus,Ari's clothes were ruined and he stank for days.Ari wants to sue Wild Pet Pics for $5,000 to cover the cost of his camera,his clothing,and his general smelliness for several days.Ari says that he cannot afford to pay for the arbitration.
-Would the arbitration agreement be deemed void because it provided that the arbitrator was not bound by the federal rules of evidence?

Accepted Answer

A)  Only if the arbitrator was not also a lawyer.
B)  Yes.
C)  Only if the arbitrator was a lawyer.
D)  The agreement to arbitrate would be upheld so long as the arbitrator agreed to at least apply federal hearsay rules.
E)  No,because the rules of evidence applicable in a trial are typically relaxed in arbitration.F) D) and E)
G) B) and C)

Question 5

Courts are generally critical and unsupportive of ADR methods.

Accepted Answer

A) True 
 B)False

Question 6

Did Alan act properly in hearing the dispute?

Accepted Answer

A)  He should have revealed that he had received loans from Jae,but he had no obligation to reveal other information.
B)  He should have revealed all the information and should have refused to arbitrate the case.His actions would be considered by a federal district judge and the award would likely be set aside because of a showing of bias.
C)  He should have revealed that he was married to Jae's cousin,but none of the other information had to be revealed.
D)  He acted properly because he only had to reveal the information at issue if Lydia had directly asked about it.
E)  He acted properly because it is presumed that arbitrators are unbiased regardless of their relationship with a party.F) B) and E)
G) D) and E)

Question 7

Which of the following would typically not be part of a mediation between Sofia and Renata?

Accepted Answer

A)  Both parties agree to the selection of the mediator.
B)  The mediator assists in drafting the contract
C)  Both parties provide their view of the case to the mediator.
D)  The mediator makes a binding ruling.
E)  The mediator assists in finding a resolution.F) B) and E)
G) A) and B)

Question 8

Which of the following is accurate regarding the speed and cost of ADR?

Accepted Answer

A)  It is usually slower but cheaper.
B)  It is usually slower and more expensive.
C)  It is usually faster but more expensive.
D)  It is usually faster and cheaper.
E)  No studies have been conducted,so issues regarding the speed and cost of ADR as opposed to traditional litigation is unknown.F) C) and E)
G) B) and E)

Question 9

Which of the following is true regarding the use of legal counsel at arbitration proceedings?

Accepted Answer

A)  Parties may not have legal counsel.
B)  Corporations may have legal counsel,but individuals may not.
C)  Parties may have legal counsel if they had legal counsel in mediation proceedings.Otherwise,legal counsel may not be used.
D)  It is up to each of the parties.They may have legal counsel or they may not.
E)  Individuals may have legal counsel,but corporations may not.F) B) and E)
G) A) and E)

Exam 4: Alternative Dispute Resolution

Correct Answer
verified

What was the result in the Case Opener in which an employee of Hooters complaining of sexual harassment attempted to avoid a signed arbitration agreement?

Correct Answer
verified

Which of the following would typically not be part of a mediation between Sofia and Renata?

Correct Answer
verified

In order to be a mediator,a person must have a law degree.

Correct Answer
verified

Did Alan act properly in hearing the dispute?

Correct Answer
verified

How is arbitration preferable to litigation,and what are criticisms of arbitration as compared to litigation?

Correct Answer
verified
Arbitration is prefe...
View Answer

Courts are generally critical and unsupportive of ADR methods.

Correct Answer
verified

Which of the following is true regarding the use of legal counsel at arbitration proceedings?

Correct Answer
verified

Which of the following is accurate regarding the speed and cost of ADR?

Correct Answer
verified

Exam 4: Alternative Dispute Resolution

Correct AnswerverifiedShow Answer

What was the result in the Case Opener in which an employee of Hooters complaining of sexual harassment attempted to avoid a signed arbitration agreement?

Correct AnswerverifiedShow Answer

Which of the following would typically not be part of a mediation between Sofia and Renata?

Correct AnswerverifiedShow Answer

In order to be a mediator,a person must have a law degree.

Correct AnswerverifiedShow Answer

Did Alan act properly in hearing the dispute?

Correct AnswerverifiedShow Answer

How is arbitration preferable to litigation,and what are criticisms of arbitration as compared to litigation?

Correct AnswerverifiedArbitration is prefe...View AnswerShow Answer

Courts are generally critical and unsupportive of ADR methods.

Correct AnswerverifiedShow Answer

Which of the following is true regarding the use of legal counsel at arbitration proceedings?

Correct AnswerverifiedShow Answer

Which of the following is accurate regarding the speed and cost of ADR?

Correct AnswerverifiedShow Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
Arbitration is prefe...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified