Question 1

In which of the following scenarios is mandatory arbitration considered fair?

Accepted Answer

A)  Business to management
B)  Business to employee
C)  Business to consumer
D)  Business to union
E)  Business to businessF) A) and C)
G) All of the above

Question 2

One of the benefits of mediation include:

Accepted Answer

A)  the uniform set of rules to be followed.
B)  the freedom to parties to bargain unethically.
C)  the guaranteed resolution of conflict.
D)  the binding nature of mediation agreement.
E)  the relative expediency of reaching a resolution.F) A) and B)
G) A) and C)

Question 3

Explain the concept of one branch of government "checking" another branch's power as contemplated by the U.S.Constitution.

Accepted Answer

If Congress passed the Arbitration Fairn...

Question 4

In an in-house business dispute resolution,mediation is often the method of alternative dispute resolution for:

Accepted Answer

A)  advancement grievances.
B)  medical malpractice litigation.
C)  healthcare disputes.
D)  business to business disputes.
E)  business to consumer disputes.F) C) and D)
G) A) and B)

Question 5

_____ goods do not conform to the buyer's order.

Accepted Answer

The answer of _____ goods do not conform to the...

Question 6

What is private judging?

Accepted Answer

Private judging is a process in which ac...

Question 7

This type of in-house program generally hears complaints from stakeholders,such as employees or customers.

Accepted Answer

A)  Minitrial
B)  Summary jury trial
C)  Private judging
D)  Anonymous ethics hotline
E)  Ombudsmen's officeF) A) and B)
G) B) and E)

Question 8

The Better Business Bureau trains its own arbitrators to hear common complaints between businesses and _____.

Accepted Answer

The answer of The Better Business Bureau trains its own...

Question 9

Alternative dispute resolution ADR)is a term that encompasses many different methods of dispute resolution processes other than litigation.

Accepted Answer

A) True 
 B)False

Question 10

This Act entails parties to engage in arbitration when those parties have entered into legally binding contracts with a mandatory arbitration clause,provided the subject of those contracts involves commerce.

Accepted Answer

A)  Title VII
B)  The Lanham Act
C)  The Arbitration Fairness Act
D)  The Uniform Arbitration Act
E)  The Federal Arbitration ActF) A) and B)
G) B) and C)

Question 11

An acceptable,voluntary agreement between parties in a legal dispute is:

Accepted Answer

A)  never enforceable in law.
B)  subject to litigation.
C)  often a result of ADR efforts.
D)  known as a judgment.
E)  imposed by a neutral decision maker who has the power to deliver judgments.F) A) and D)
G) C) and D)

Question 12

A negotiation concept used by negotiators to define the worst alternative outcomes prior to entering a negotiation is known as:

Accepted Answer

A)  WATNA.
B)  BATNA.
C)  bargaining zone.
D)  reservation point.
E)  walk-away point.F) B) and D)
G) B) and C)

Question 13

Even if a legally enforceable contract has a mandatory arbitration clause,the parties to the contract under which the dispute arose can litigate their dispute in court if they wish to do so.

Accepted Answer

A) True 
 B)False

Question 14

When two businesses possess different powers relative to each other,it results in _____ bargaining power.

Accepted Answer

The answer of When two businesses possess different powers relative...

Question 15

The point to which parties to a negotiation are willing to trade or negotiate their positions and find an acceptable agreement is known as:

Accepted Answer

A)  bargaining zone.
B)  affect heuristic.
C)  decision staking.
D)  reservation point.
E)  representativeness heuristic.F) A) and E)
G) A) and B)

Question 16

The factor that differentiates med-arb from mediation and arbitration is that med-arb:

Accepted Answer

A)  enables parties to know that their dispute will be resolved.
B)  always produces a satisfactory outcome.
C)  allows parties to walk away if their interests are not served.
D)  does not vest authority to a third party to decide the outcome of the dispute.
E)  ensures that parties work to form a mutually acceptable agreement.F) B) and E)
G) C) and D)

Question 17

A neutral third-party decision maker has power to resolve disputes in arbitration and litigation,but not in negotiation or mediation.

Accepted Answer

A) True 
 B)False

Question 18

A mediator's role does NOT include:

Accepted Answer

A)  imposing a resolution upon the disputants.
B)  finding common ground.
C)  identifying common objectives.
D)  seeking beneficial outcomes for all parties involved.
E)  setting forth rules for the mediation.F) A) and B)
G) A) and C)

Question 19

If negotiation fails as a form of alternative dispute resolution,mediation should not be attempted,because it will not work.

Accepted Answer

A) True 
 B)False

Question 20

A method of alternative dispute resolution in which parties vest authority in a neutral third-party decision maker is:

Accepted Answer

A)  negotiation.
B)  mediation.
C)  minitrial.
D)  arbitration.
E)  public trial.F) A) and D)
G) C) and E)

Exam 4: Alternative Dispute Resolution

_____ goods do not conform to the buyer's order.

Correct AnswerverifiedShow Answer

The Better Business Bureau trains its own arbitrators to hear common complaints between businesses and _____.

Correct AnswerverifiedShow Answer

A negotiation concept used by negotiators to define the worst alternative outcomes prior to entering a negotiation is known as:

Correct AnswerverifiedShow Answer

The point to which parties to a negotiation are willing to trade or negotiate their positions and find an acceptable agreement is known as:

Correct AnswerverifiedShow Answer

If negotiation fails as a form of alternative dispute resolution,mediation should not be attempted,because it will not work.

Correct AnswerverifiedShow Answer

A method of alternative dispute resolution in which parties vest authority in a neutral third-party decision maker is:

Correct AnswerverifiedShow Answer

Explain the concept of one branch of government "checking" another branch's power as contemplated by the U.S.Constitution.

Correct AnswerverifiedIf Congress passed the Arbitration Fairn...View AnswerShow Answer

This type of in-house program generally hears complaints from stakeholders,such as employees or customers.

Correct AnswerverifiedShow Answer

Even if a legally enforceable contract has a mandatory arbitration clause,the parties to the contract under which the dispute arose can litigate their dispute in court if they wish to do so.

Correct AnswerverifiedShow Answer

What is private judging?

Correct AnswerverifiedPrivate judging is a process in which ac...View AnswerShow Answer

This Act entails parties to engage in arbitration when those parties have entered into legally binding contracts with a mandatory arbitration clause,provided the subject of those contracts involves commerce.

Correct AnswerverifiedShow Answer

An acceptable,voluntary agreement between parties in a legal dispute is:

Correct AnswerverifiedShow Answer

The factor that differentiates med-arb from mediation and arbitration is that med-arb:

Correct AnswerverifiedShow Answer

Alternative dispute resolution ADR)is a term that encompasses many different methods of dispute resolution processes other than litigation.

Correct AnswerverifiedShow Answer

When two businesses possess different powers relative to each other,it results in _____ bargaining power.

Correct AnswerverifiedShow Answer

In an in-house business dispute resolution,mediation is often the method of alternative dispute resolution for:

Correct AnswerverifiedShow Answer

In which of the following scenarios is mandatory arbitration considered fair?

Correct AnswerverifiedShow Answer

A neutral third-party decision maker has power to resolve disputes in arbitration and litigation,but not in negotiation or mediation.

Correct AnswerverifiedShow Answer

One of the benefits of mediation include:

Correct AnswerverifiedShow Answer

A mediator's role does NOT include:

Correct AnswerverifiedShow Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
If Congress passed the Arbitration Fairn...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
Private judging is a process in which ac...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified