ALTERNATIVE DISPUTES RESOLUTION

What is the main objective of Alternative Dispute Resolution (ADR)?

• To enforce strict legal principles

• To provide cost-effective and amicable solutions to disputes

• To lengthen the dispute resolution process

• To eliminate the need for contracts

Which of the following is NOT a form of ADR?

• Mediation

• Litigation

• Adjudication

• Arbitration

What is the key feature of ADR methods compared to litigation?

• Public hearings

• Non-binding decisions

• Confidentiality

• Involvement of a jury

Which statement best describes mediation?

• A process where a neutral third party imposes a binding decision.

• A process where a neutral third party facilitates negotiations between disputing parties.

• A process where evidence is presented to a panel of experts for resolution.

• A process where parties resolve disputes by following strict court rules.

The role of the mediator in mediation is to:

• Decide who is right or wrong.

• Suggest a binding solution.

• Facilitate discussions and help the parties reach a mutual agreement.

• Enforce the law strictly.

Which of the following is a key advantage of mediation?

• The decision is always binding.

• It is suitable for resolving complex technical disputes.

• It preserves the relationship between disputing parties.

• It eliminates the need for expert input.

Under Malaysia’s CIPAA, adjudication is primarily used to:

• Resolve payment disputes in construction contracts.

• Enforce criminal laws.

• Resolve all construction disputes.

• Penalize delays in project completion.

What is a defining characteristic of adjudication?

• It results in a binding decision with no chance for appeal.

• It is a voluntary process with no third-party involvement.

• It is a fast-track dispute resolution process where decisions are temporarily binding.

• It does not allow the parties to present evidence.

What is the main difference between arbitration and mediation?

• Arbitration is informal, while mediation is formal.

• Mediation results in binding decisions, while arbitration does not.

• Arbitration results in binding awards, while mediation seeks a mutual agreement.

• Both are identical processes.

Which is an advantage of arbitration over litigation?

• Decisions are made public.

• It is faster and more cost-effective.

• It always eliminates the need for legal representatives.

• The process is completely informal.