Exam 20: Dispute Resolution Services

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Major league sports prefer court or senate hearings to solve their labor disputes.

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What are the Labor Interest Arbitration methods? Describe them.

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Interest Arbitration involves resolving conflicting demands, typically in labor contract negotiations. Major-league baseball has historically used this type of arbitration to resolve salary disputes between players and the team management. When a player and management can't reach a salary accord, the player files for arbitration. The arbitrator listens to both the player and management and then renders a decision. For the most part, this arrangement tends to favor the players, since the arbitrators don't normally award the players less than the team would be willing to pay without arbitration. Also, players like the privacy provided by the process.
Union Contract Arbitration. Union contracts frequently contain mandatory arbitration provisions. Arbitration can be triggered by complaints about a wide array of issues, including employee compensation, working conditions, employer evaluations, work assignments and discrimination. In some cases, it might not be legally permissible to use mandatory, binding arbitration to deprive employees access to the courts on certain matters such as discrimination.

Arbitration also involves a neutral third-party, but the neutral third-party is empowered to issue findings that can be binding on the disputants.

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What is an advantage of renting a judge during mediation or arbitration?

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Participants in the mediation process can rent a retired judge to help their process.

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Describe the steps in setting up an in-house alternative dispute resolution program.

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Discuss various applications of alternative dispute resolution techniques.

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Over 130 countries have signed what agreement to enforce commercial arbitration awards from other countries?

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Which mediation style doesn't the mediator express opinions with respect to the facts of the case or the reasonableness of the participants' negotiating positions?

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Arbitration involves a neutral third-party who helps those involved in a dispute to resolve their differences through structured negotiations.

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If an accounting firm becomes involved in disputes with their clients and employees they are now a(n):

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Which professional sport has typically used labor interest arbitration?

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If parties sign contracts containing arbitration clauses generally waive their right:

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Which of the following is a benefit of online dispute resolution?

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Which of the following are some ways that a forensic accountant can play a role in out of court settlements?

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With the facilitative mediation style, the mediator express opinions with respect to the facts of the case and the reasonableness of the participants' negotiating positions.

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Which of the following is NOT an advantage of alternative dispute resolution?

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Provide at least 5 reasons that ADR has advantages over litigation:

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Explain nontraditional alternative dispute resolution techniques.

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If the person hired to resolve the dispute is actively expressing opinions about the facts of the case and the reasonableness of the participants' negotiating positions then he or she is a(n):

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