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WorksheetsChapter 2: Resolving Disputes and Navigating Canada’s Court Syst
Total questions: 9
Worksheet time: 9mins
Arbitration as a process is
more formal than negotiation
more formal than litigation
controlled by the parties
none of the above
If the parties have a history of conflict, and one is stronger than the other, the following is probably the best alternative dispute resolution process:
negotiation
mediation
arbitration
either b or c would work equally well
In talking about alternative dispute resolution, we often discuss rights and interests. In this context, “rights” refers to
short-term goals
long-term goals
business concerns, aspirations, and priorities
entitlements
In positional negotiation, you
determine what outcome you want before you start and stick to it as best you can
explore with the other parties what the source of the conflict is
accept the other side’s position as legitimate and valid
ask open-ended questions
In the mediation process,
the mediator guides discussions and imposes a settlement after hearing both sides
the mediator guides discussions
the mediator always keeps the parties apart during discussions
the parties must not be in an adversarial position
You should use mediation if
both parties are prepared to make serious efforts to resolve the issues
both parties are prepared to explore mutual interests and wish to maintain an ongoing relationship
in settling a rights issue, the parties are more interested in making their own rules than in having rules imposed on them by a neutral individual
all of the above
only b and c are correct
You should use arbitration if
the other party is stronger than you are
you know the other party will comply with the arbitrator’s decision
you have a good working relationship with the other party and have successfully resolved interest disputes in the past
all of the above
none of the above
“Solicitor–client privilege” means
anything your lawyer tells you cannot be repeated by you to anyone else
anything you write to your lawyer cannot be revealed by either of you
your lawyer has a right ahead of other creditors to payment of his or her bill for services
third parties who provide your lawyer with information about your case cannot reveal it to anyone else
your lawyer cannot reveal any information you give to him or her about the case without your permission
Small Claims Court cases differ from those in the trial division of the Superior Court in the following way(s):
There is a limit on the amount of money one can sue for in the Small Claims Court.
Proceedings in the trial division of the Superior Court are quicker and cheaper than those in the Small Claims Court.
There is no discovery process in the Small Claims Court.
The rules of evidence are more relaxed in the Small Claims Court than in the trial division of the Superior Court.
Both a and d are correct.
