Impasse and ADR

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

• Only one party gains something of greater value

• Both parties gain something of greater value

• Both parties walk away with nothing

• One party walks away while the other gains

What is the definition of impasse in a negotiation?

• A point where both parties always reach an agreement

• A point where both parties gain something

• A point where one party always walks away

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

What is ADR an alternative to?

• Negotiation

• Litigation

• Mediation

• Arbitration

Which of the following is NOT a field where ADR is commonly used?

• Medical malpractice

• Commercial disputes

• Labor-management

• Family disputes

What is the main advantage of ADR compared to litigation in terms of cost?

• It is always more expensive

• It is often less expensive

• It is equally expensive

• It depends on the case

What is the role of a mediator in the mediation process?

• To offer proposals and force agreement

• To make the final decision

• To facilitate a mutually acceptable resolution

• To represent one party only

Which organization is NOT a common source of mediators?

• Local governments

• Federal Mediation and Conciliation Services (FMCS)

• American Arbitration Association (AAA)

• United Nations

What is the main benefit of mediation in terms of control?

• Control remains with the court

• Control remains totally with the parties

• Control remains with the attorneys

• Control remains with the mediator

What is the Federal Arbitration Act (1925) a national policy favoring?

• Negotiation over arbitration

• Litigation over mediation

• Arbitration over litigation

• Mediation over litigation

What is the critical element that defines arbitration?

• The decision is not final and binding

• The decision can be appealed

• The parties must have a contract requiring arbitration

• The parties must have a personal relationship