Exam 5: Alternative Dispute Resolution

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A(n) _____ will be enforced by the courts as if it were a judgment of the courts.

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A

If an arbitrator makes a clearly erroneous ruling pursuant to a voluntary contract-based arbitration, there will be sufficient grounds for a judge to set aside the award.

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False

Roger Fisher, William Ury, and Bruce Patton wrote a seminal book on negotiation titled _____.

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D

A(n) _____ is a decision that arises when parties already in dispute decide that arbitration is better than litigation.

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Mediators are similar to arbitrators in that:

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Which of the following is true of caucuses in dispute resolution?

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What is a caucus? How is it used in mediation?

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When parties agree to resolve all the matters of contention that they can and to arbitrate the unresolved matters, they are said to be using a variation of dispute resolution known as:

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Statutorily mandated arbitration requires a higher level of judicial review of an award than voluntary arbitration.

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Generally an arbitrator's award does not need to set forth findings of fact, conclusions of law, or the reasons for an award.

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Courts can use judicial review to change the awards of voluntary arbitration when:

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The _____ of the U.S. Constitution is often used to set aside state laws that improperly deny arbitration of certain disputes.

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Private arbitrators are not permitted to decide on questions of law.

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What potential problems do you see arising as a result of a poorly drafted predispute arbitration clause?

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De novo review means that:

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A mediator cannot impose a binding solution on the parties.

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When a losing party in an arbitration proceeding makes allegations of bias against an arbitrator, the allegations:

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For mandatory arbitration to be constitutional:

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Arbitrators are typically chosen by:

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An arbitrator may be considered partial or corrupt by independently investigating a material matter after the close of hearings without telling either party about the investigation.

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