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Question 1
This form of alternative dispute resolution involves a neutral who makes a final decision in the case.
Correct While a mediator merely facilitates negotiation, arbitrators hand down decisions (similar to judges).
Incorrect! While a mediator merely facilitates negotiation, arbitrators hand down decisions (similar to judges).
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 2
This form of alternative dispute resolution might end without any result.
Correct
Incorrect!
Correct Arbitration ends when the arbitrator renders her decision, but mediation might end without any settlement agreement having been reached.
Incorrect! Arbitration ends when the arbitrator renders her decision, but mediation might end without any settlement agreement having been reached.
Correct
Incorrect!
Correct
Incorrect!
Question 3
Contractual agreements to enter into this form of alternative dispute resolution are enforceable in a court of law.
Correct
Incorrect!
Correct
Incorrect!
Correct Agreements to mediate are enforceable, as are agreements to arbitrate.
Incorrect! Agreements to mediate are enforceable, as are agreements to arbitrate.
Correct
Incorrect!
Question 4
Neutrals for this form of alternative dispute resolution are generally required to be trained and licensed by the appropriate state body.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Neither mediators nor arbitrators are required, as a general rule, to be trained or licensed. For court-ordered neutrals in both cases, however, local court rules might impose some requirements.
Incorrect! Neither mediators nor arbitrators are required, as a general rule, to be trained or licensed. For court-ordered neutrals in both cases, however, local court rules might impose some requirements.
Question 5
This form of alternative dispute resolution is always voluntary and cannot be mandated by a court.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Both mediation and arbitration can be court-ordered, and both are playing increasingly important roles in the federal and state court systems.
Incorrect! Both mediation and arbitration can be court-ordered, and both are playing increasingly important roles in the federal and state court systems.
Question 6
Once this form of alternative dispute resolution begins, the court case is temporarily suspended pending resolution.
Correct
Incorrect!
Correct When arbitration begins the court case ends, as arbitration REPLACES the trial. Because mediation might fail to result in a settlement, however, the court case is merely suspended and might continue if mediation attempts are not successful.
Incorrect! When arbitration begins the court case ends, as arbitration REPLACES the trial. Because mediation might fail to result in a settlement, however, the court case is merely suspended and might continue if mediation attempts are not successful.
Correct
Incorrect!
Correct
Incorrect!
Question 7
The nature of this form of alternative dispute resolution renders the characteristics, experience, and biases of the neutral irrelevant to the outcome.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Although the choice of neutral might be somewhat more important in arbitration than it is in mediation, in both situations the neutral can affect the outcome. Therefore, when a party has the ability to affect the choice of a neutral, that decision should be made carefully.
Incorrect! Although the choice of neutral might be somewhat more important in arbitration than it is in mediation, in both situations the neutral can affect the outcome. Therefore, when a party has the ability to affect the choice of a neutral, that decision should be made carefully.