Question 1

Arbitration is a process that establishes supportive relationships among the parties to a contract to head off disputes before they occur.

Accepted Answer

A) True 
 B)False

Question 2

During the five-day settlement week,a court schedules an arbitration session for each case.

Accepted Answer

A) True 
 B)False

Question 3

To be enforceable and upheld by a court,an ADR contract clause should include all the following standard provisions except:

Accepted Answer

A)  the types of disagreements that will be submitted to ADR.
B)  the ADR technique or techniques that can be used.
C)  the substantive law and the procedural rules that will be followed.
D)  whether both parties have sufficient insurance resources to sustain the award.

Question 4

ADR clauses usually only benefit the employer who has the strongest position within an employment relationship.

Accepted Answer

A) True 
 B)False

Question 5

________ is an ADR process by which an agency invites the people and the organizations that would be affected by a new rule to have input into the writing of that rule.

Accepted Answer

A)  Med-arb
B)  Negotiated rulemaking
C)  A private civil trial
D)  Mediation B

Question 6

DSK Construction interacts with many contractors and subcontractors,often for long-term projects.Disputes among the various parties often take a long time to be settled as different parties have different demands.Which method of ADR will help DSK and its contractors prevent disputes before they escalate?

Accepted Answer

Partnering is best used when a contract ...

Question 7

The judges on the collective science court must be:

Accepted Answer

A)  drawn from a sample of people affected by the technology in question.
B)  scientists with expertise in the areas under investigation.
C)  from government bodies involved in legislation about the subject.
D)  lawyers with a general scientific background. B

Question 8

Drafting of ADR contract clauses is a proactive attempt to ensure that litigation will be avoided should a dispute arise.

Accepted Answer

A) True 
 B)False

Question 9

During a settlement week,the court:

Accepted Answer

A)  settles those cases that cannot be resolved through arbitration.
B)  requires attorneys to be present for mediation sessions.
C)  resolves all submitted cases to be decided by summary jury trial.
D)  subjects all submitted cases to private civil trials.

Question 10

In a(n) ________,the jury provides an advisory verdict based on the facts.

Accepted Answer

A)  summary jury trial
B)  med-Arb hearing
C)  early neutral evaluation
D)  mediation

Question 11

________,a form of ADR,combines the best aspects of ________ and ________.

Accepted Answer

A)  Med-ENE;reg-neg;ENE
B)  Neg-arb;negotiation;arbitration
C)  Med-arb;mediation;arbitration
D)  Med-arb;ENE;a private civil trial

Question 12

Because many ADR techniques completely sidestep the courts:

Accepted Answer

A)  ADR cannot control the spending on litigation.
B)  the parties are kept from carefully considering their agreements.
C)  many attorneys do not adequately develop analytical skills.
D)  many critical social issues may never reach the judicial system.

Question 13

Opponents of ________ have challenged it because they believe it is an unconstitutional deprivation of their right to a trial by jury and equal protection under the law.

Accepted Answer

A)  mandatory mediation
B)  mandatory arbitration
C)  mandatory med-arb
D)  ENE B

Question 14

Which of the following is not a reason for entering into an international arbitration agreement?

Accepted Answer

A)  The parties' choice of legal representation is limited to the forum in which the dispute is to be heard.
B)  Local laws of a particular nation may prevent a party from using certain arbitrators.
C)  The parties cannot choose the arbitrators who will decide the case.
D)  Using an international arbitration agreement does not allow for uniform enforcement of a judgment across nations.

Question 15

An ADR contract clause:

Accepted Answer

A)  must specify the ADR technique that the parties will use in the event of a dispute.
B)  can merely state that the parties have the option of using an ADR technique.
C)  prohibits the parties from resorting to litigation to settle an issue.
D)  requires that the parties follow all ADR procedures with a summary trial.

Question 16

Which of the following is generally true of arbitration?

Accepted Answer

A)  The arbitrator can make suggestions,but not issue binding decisions.
B)  The arbitrator is a non-lawyer from the relevant industry.
C)  The arbitrator must be chosen from among the disputing parties.
D)  The arbitrator's decision can be appealed in court.

Question 17

ADR is least likely to be useful in cases involving:

Accepted Answer

A)  constitutional law.
B)  civil rights.
C)  contracts.
D)  criminal law.

Question 18

An arbitrator's decision is always binding and cannot be appealed in court.

Accepted Answer

A) True 
 B)False

Question 19

Which of the following statements about an arbitrator is true?

Accepted Answer

A)  The arbitrator usually encourages the disputing parties to compromise on their demands,but cannot force the parties to do so.
B)  The arbitrator has the unilateral power to issue a binding decision on the disputing parties,regardless of whether the parties agree with the decision.
C)  Arbitration has no discovery so a case that may have been settled during a conventional lawsuit might drag on.
D)  The arbitrator role is only useful before a lawsuit is filed by the parties.

Question 20

Big Co.and Gantt Co.have entered into a contract for a long-term construction project.The companies opt to use a partnering process to resolve disputes.The partnering process between them will begin:

Accepted Answer

A)  after the contract has been finalized,but before the project has begun.
B)  when the first dispute between the two parties arises.
C)  only if both mediation and arbitration procedures have failed.
D)  once the project has begun and the parties are aware of possible problems.

Exam 4: Alternative Dispute Resolution and Cyber-Adr

Arbitration is a process that establishes supportive relationships among the parties to a contract to head off disputes before they occur.

Correct Answer
verified

During the five-day settlement week,a court schedules an arbitration session for each case.

Correct Answer
verified

To be enforceable and upheld by a court,an ADR contract clause should include all the following standard provisions except:

Correct Answer
verified

ADR clauses usually only benefit the employer who has the strongest position within an employment relationship.

Correct Answer
verified

________ is an ADR process by which an agency invites the people and the organizations that would be affected by a new rule to have input into the writing of that rule.

Correct Answer
verified
B

Correct Answer
verified
Partnering is best used when a contract ...
View Answer

The judges on the collective science court must be:

Correct Answer
verified
B

Drafting of ADR contract clauses is a proactive attempt to ensure that litigation will be avoided should a dispute arise.

Correct Answer
verified

During a settlement week,the court:

Correct Answer
verified

In a(n) ________,the jury provides an advisory verdict based on the facts.

Correct Answer
verified

,a form of ADR,combines the best aspects of and .

Correct Answer
verified

Because many ADR techniques completely sidestep the courts:

Correct Answer
verified

Opponents of ________ have challenged it because they believe it is an unconstitutional deprivation of their right to a trial by jury and equal protection under the law.

Correct Answer
verified
B

Which of the following is not a reason for entering into an international arbitration agreement?

Correct Answer
verified

An ADR contract clause:

Correct Answer
verified

Which of the following is generally true of arbitration?

Correct Answer
verified

ADR is least likely to be useful in cases involving:

Correct Answer
verified

An arbitrator's decision is always binding and cannot be appealed in court.

Correct Answer
verified

Which of the following statements about an arbitrator is true?

Correct Answer
verified

Big Co.and Gantt Co.have entered into a contract for a long-term construction project.The companies opt to use a partnering process to resolve disputes.The partnering process between them will begin:

Correct Answer
verified

Exam 4: Alternative Dispute Resolution and Cyber-Adr

Arbitration is a process that establishes supportive relationships among the parties to a contract to head off disputes before they occur.

Correct AnswerverifiedShow Answer

During the five-day settlement week,a court schedules an arbitration session for each case.

Correct AnswerverifiedShow Answer

To be enforceable and upheld by a court,an ADR contract clause should include all the following standard provisions except:

Correct AnswerverifiedShow Answer

ADR clauses usually only benefit the employer who has the strongest position within an employment relationship.

Correct AnswerverifiedShow Answer

________ is an ADR process by which an agency invites the people and the organizations that would be affected by a new rule to have input into the writing of that rule.

Correct AnswerverifiedB

Correct AnswerverifiedPartnering is best used when a contract ...View AnswerShow Answer

The judges on the collective science court must be:

Correct AnswerverifiedB

Drafting of ADR contract clauses is a proactive attempt to ensure that litigation will be avoided should a dispute arise.

Correct AnswerverifiedShow Answer

During a settlement week,the court:

Correct AnswerverifiedShow Answer

In a(n) ________,the jury provides an advisory verdict based on the facts.

Correct AnswerverifiedShow Answer

________,a form of ADR,combines the best aspects of ________ and ________.

Correct AnswerverifiedShow Answer

Because many ADR techniques completely sidestep the courts:

Correct AnswerverifiedShow Answer

Opponents of ________ have challenged it because they believe it is an unconstitutional deprivation of their right to a trial by jury and equal protection under the law.

Correct AnswerverifiedB

Which of the following is not a reason for entering into an international arbitration agreement?

Correct AnswerverifiedShow Answer

An ADR contract clause:

Correct AnswerverifiedShow Answer

Which of the following is generally true of arbitration?

Correct AnswerverifiedShow Answer

ADR is least likely to be useful in cases involving:

Correct AnswerverifiedShow Answer

An arbitrator's decision is always binding and cannot be appealed in court.

Correct AnswerverifiedShow Answer

Which of the following statements about an arbitrator is true?

Correct AnswerverifiedShow Answer

Big Co.and Gantt Co.have entered into a contract for a long-term construction project.The companies opt to use a partnering process to resolve disputes.The partnering process between them will begin:

Correct AnswerverifiedShow Answer

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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B

Correct Answer
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Partnering is best used when a contract ...
View Answer

Correct Answer
verified
B

Correct Answer
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Correct Answer
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Correct Answer
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,a form of ADR,combines the best aspects of and .

Correct Answer
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Correct Answer
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Correct Answer
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B

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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