Impasse And Alternative Dispute Resolution (ADR)

What are the possible outcomes of a negotiation or dispute between parties?

• Only an agreement being reached

• Negotiation ending with no agreement

• Negotiations reaching an impasse

• Both parties realizing they are at an impasse

What is impasse in the context of negotiations?

• A point where parties are always in agreement

• A point that leads to a method of ADR and then settlement

• A point where parties always reach an agreement

• A point where parties never engage in negotiations

What are some common causes of negotiation impasse?

• Parties having skilled negotiators

• Parties not entrenching in their positions

• Parties having no real intention to settle

• Parties having a real ZOPA

What is ADR and how is it commonly used?

• ADR is an alternative to litigation and is only used in labor-management disputes

• ADR is a type of arbitration used in commercial disputes

• ADR is an alternative to litigation and is commonly used in a variety of fields

• ADR is a type of mediation used in family disputes

What are the steps involved in the mediation process?

• Request by the parties of mediator services, followed by a formal retainer

• Facilitation by the mediator, followed by an initial conference

• Initial conference to explain role of mediator, followed by scheduling of private meetings

• Information gathered by the parties, followed by a settlement

What is the main difference between mediation and arbitration?

• Mediation involves a neutral third party, while arbitration does not

• Mediation allows parties to speak to each other directly, while arbitration does not

• Mediation results in a final and binding decision, while arbitration does not

• Mediation is a private process, while arbitration is a public process

What is the purpose of the Federal Arbitration Act (1925)?

• To establish arbitration as the only method of dispute resolution

• To eliminate arbitration as a method of dispute resolution

• To declare a national policy favoring arbitration over the litigation process

• To declare a national policy favoring litigation over arbitration

What are the steps involved in arbitration?

• Opening statements, followed by a preliminary hearing

• Summation, followed by a preliminary hearing

• Witnesses, followed by rules of evidence

• Arbitrator's award and opinion, followed by opening statements

What is the potential disadvantage of arbitration known as the 'chilling effect'?

• Parties have input in selection of arbitrator

• Arbitrators are generally fact-oriented, impersonal decision-makers

• Parties may cool their efforts if they expect arbitration

• Negotiators may not engage in serious bargaining and seek an impasse and arbitration

What is the procedure typically involved in Mediation-Arbitration (Med-Arb)?

• Mediation without any deadlines

• Arbitration with deadline, followed by mediation if needed

• Mediation with deadline, followed by arbitration if needed

• Arbitration without any deadlines