Assignment
QUESTION 1
Mediation embodies the concept of cooperative negotiating.
True
False
QUESTION 2
In most states, mediators are required to be licensed attorneys.
True
False
QUESTION 3
As a way of settling a legal dispute, mediation is a relatively recent phenomenon.
True
False
QUESTION 4
Mediation occurs after a lawsuit has been filed.
True
False
QUESTION 5
A mediator is under an ethical duty to fully disclose and explain the basis of his or her compensation, fees and charges as a mediator to the parties.
True
False
QUESTION 6
Highly complex cases involving many issues and several parties typically are not very appropriate for mediation.
True
False
QUESTION 7
Mediation usually occurs after the parties have completed most of the discovery in a lawsuit.
True
False
QUESTION 8
An arbitration award can be entered as the judgment of a civil court.
True
False
QUESTION 9
The opening session of a mediation is usually recorded by a court reporter.
True
False
QUESTION 10
Most states require that a mediator be licensed or certified as a third-party neutral.be licensed or certified as a third-party neutral.
True
False
QUESTION 11
An arbitrator can make an award based on legal precedence.
True
False
QUESTION 12
When a dispute arises under a contract containing an arbitration clause, the parties are required to arbitrate rather than use some other forum to resolve the matter.
True
False
QUESTION 13
A binding award can be reviewed by a civil court judge upon the request of any of the parties.
True
False
QUESTION 14
Whenever an arbitrator discovers a material conflict, he or she must withdraw from hearing the dispute.
True
False
QUESTION 15
The length of time that mediation lasts is the most influential factor in whether or not settlement is reached.settlement is reached.
True
False
QUESTION 16
An arbitrator's power comes exclusively from the agreement of the parties.
True
False
QUESTION 17
Unlike a judge, it is proper for an arbitrator to discuss a case with one party without the other party being present.
True
False
QUESTION 18
Arbitration is the ADR method used most often to resolve commercial and industrial disputes.
True
False
QUESTION 19
Which of the following types of ADR result in an ultimate decision by the parties to the dispute rather than a third party?
A. Mediation
B. Summary Jury Trial
C. Mini-Trial
D. Moderated Settlement Conference
E. A and C, above
F. A, B, C and D, aboveC and D, above
G. B and D, above
QUESTION 20
Why are lawsuits difficult to settle early in the dispute rather than "on the courthouse steps?" Choose the answer that least explains why.
A. Early settlement sessions require careful planning and litigators often don't prepare adequately..
B. It is hard to prepare for trial and also prepare for settlement at the same time.
C. Clients usually want to settle early, but attorneys do not.
D. Lawsuits tend to escalate a dispute and make people angry.
QUESTION 21
Arbitration can be _________ which means the participants must follow the arbitrator's decision and courts will enforce it.
A. Binding
B. Nonbinding
C. Enforceable
D. None of the above
QUESTION 22
A Mini-Trial is:
A. Voluntary
B. Private
C. Informal
D. All of the above
QUESTION 23
Although one can conduct a mini-trial without the assistance of a neutral, the process is greatly enhanced by having the neutral present. The neutral may:
A. facilitate communication between the parties, only where the dispute is acrimonious
B. provide process assistance in drafting the Mini-Trial Agreement
C. not act as facilitator or even mediator during the subsequent negotiations
D. make determinations on disputed discovery only
QUESTION 24
A mediator shall not voluntarily disclose to anyone who is not a party to the mediation any information obtained except:
A. non-identifying information for necessary administrative, research, supervisory or educational purposes
B. with the consent of the participant
C. when required to do so by law
D. all of the above.