ADR Enforcement - Module 5 of 5

Question 1

An arbitration clause may include all except:

A. Mandated mediation participation

B. A requirement to litigate

C. Mandatory arbitration of disputes

D. Mandatory participation in a settlement conference

Question 2

For ADR clauses to be enforceable, they must be:

A. Clearly written

B. Inclusive of all necessary information

C. Consented to by all parties

D. All of the above

Question 3

An ADR clause that includes at least two types of ADR proceeding is called:

A. A multi-layered clause

B. A problem-solving clause

C. A single-layered clause

D. A preventative clause

Question 4

Motions for enforcement of an ADR clause include all of the following, except:

A. A statement of facts

B. Details of the ADR clause

C. A legal argument for enforcement

D. An argument against the validity of the ADR clause

Question 5

An ADR clause that specifies a forum is not useful to demonstrate:

A. A meeting of the minds

B. Capacity of all parties to consent

C. The mutual intention of all parties

D. Acknowledgement of the rights that replaced litigation

Question 6

Mutual consent requires:

A. A meeting of the minds

B. Agreement of all terms

C. Mutual understanding about the meaning of each term

D. All of the above

Question 7

The following condition does not constitute a lack of capacity to consent:

A. One party is a minor

B. One party is not represented by an attorney

C. One party is under the influence of alcohol

D. One party suffers from a mental illness

Question 8

Decisions to vacate arbitration rulings generally involve:

A. Lack of consent

B. Duress

C. Fraud or misconduct on the part of the arbitrator

D. Incapacity to consent

Question 9

Decisions to vacate mediation and settlement agreements may result from findings of:

A. Duress

B. Lack of Consent

C. Incapacity

D. All of the above

Question 10

In order to seek enforcement of an arbitration award, a party must file:

A. A motion for Enforcement

B. A motion for Confirmation or Award

C. Both A and B

D. Neither A nor B