WorksheetsADR Mediation Quiz
Total questions: 127
Worksheet time: 3hrs 49mins
What does ADR stand for?
Alternative Dispute Response
Alternative Dispute Resolution
Alternative Discreet Resolution
Negotiation is where a neutral third party is present to help resolve the dispute
True
False
What method of ADR is binding?
Negotiation
Arbitration
Conciliation
Mediation
What method do the parties remain in control?
Conciliation
Mediaiton
Arbitration
Negotiation
When was ADR introduced?
1999
1986
1897
1987
Can the court force parties to engage in ADR?
Yes
No
I don't know
What was confirmed in the case of Dunnett v Railtrack (2002)
The parties do not have to attend ADR
If a party refuses ADR, the court can penalise them in costs
If one party refuses ADR. they will refuse to hear the case
Is ADR cheaper than going to court?
Yes
No
What is the difference in Mediation and Conciliation?
The Mediator plays a more of an active role and can make suggestions
The Conciliator plays a more active role and can make suggestions
What are some of the disadvantages to ADR?
It is expensive
It is free
No guarantee of coming to an agreement
Parties do not have to attend
Directions
Identify the following methods of alternative dispute resolution
Scenario #1
The parties to a divorce meet with a neutral third party who emphasizes points of agreement and proposes solutions to resolve their dispute. After several hours, the parties come to a solution.
Binding Arbitration
Summary Jury Trial
Mediation
Negotiation
Directions
Identify the following methods of alternative dispute resolution
Scenario #2
The parties to a contract dispute submit it to a neutral third party for a legally binding resolution. The neutral third party is not a court
Binding Arbitration
Negotiation resulting in a settlement agreement
Summary Jury Trial
Mediation
Directions
Identify the following methods of alternative dispute resolution
Scenario #3
The plaintiff and defense attorneys in a personal-injury case propose settlement figures to oneanother and their clients in an effort to resolve the lawsuit voluntarily.
Binding Arbritration
Negotiation Resulting in a settlement agreement
Negotiation
Mediation
Which of the following are more expensive for the public (our taxes go to it)?
negotiation
arbitration
mediation
litigation
What is the role of the mediator?
Offer a solution to the parties involved in the mediation
Act as an impartial third party facilitating discussion without taking a side
Investigate the issue being discussed
To pronounce the verdict of the jury
The outcome of mediation is legally binding
True
False
The outcome of arbitration is...
Decided by the parties and is not legally binding
Decided by the parties and is legally binding
Decided by the arbitrator and is not legally binding
Decided by the arbitrator and is legally binding
Which of the following are benefits of arbitration?
Usually faster than a court case
The outcome is legally binding
Allows for win-win scenarios for the parties
Provides a cooperative solution
Which of the following are disadvantages of mediation?
A solution may not be reached
Only allows for win/lose scenarios
Can be expensive due to significant fees
Decision is not legally binding
ADR was introduced because...
The court process is lengthy, expensive and alienating
The Federal government implemented an Act of Parliament
Directions
Identify the following methods of alternative dispute resolution
Scenario #4
The attorneys from the personal-injury example above are able to reach an acceptable settlement figure of $100,000. They draft an agreement whereby the plaintiff gives up her right to sue in exchange for a payment of $100,000 by the defendant.
Negotiation, resulting in a settlement agreement
Mediation
Summary Jury Trial
Binding Aarbitration
Constructive Response
What is ADR ? List ( 1 )advantage & (1 )disadvantage of this process.
Alternative Dispute Resolution is the procedure for settling dispute through litigation
True
False
Which of the following is not a common forms of ADR?
a) Mediation
b) Conciliation
c) Arbitration
d) Adjudication
A labour dispute is considered a disagreement between an employer and employees?
True
False
ADR is considered beneficial because :-
a. Decision and terms of settlement are not imposed
b. Less costly than litigation
c. Parties to the dispute have less control
d. The Court is very predictable
Option a and b
Labour Disputes are generally categorised as :-
a) Collective Labour Disputes
b) Rights Disputes
c) External Disputes
a, b and c
a) and b) only
A collective dispute can arise in relation to the terms
and conditions of work set out under (a) or in a (b)
where that agreement carries the force of law
Disputes which arise in the interpretation and application of the terms
and conditions of employment contained in existing agreements, violation ofwhich
maybe alleged, or in current laws and regulations are categorized as “disputes over rights” or “rights disputes
True
False
Disputes which arise during collective bargaining over terms and conditions of
employment are categorized as “disputes over rights” or “rights disputes"
True
False
disputes which arise in the interpretation and application of the terms
and conditions of employment contained in existing agreements, violation of which maybe alleged, or in current laws and regulations are categorized as “disputes over rights” or “rights disputes”
True
False
An effective dispute resolution system is built on consensus, rights and then power
True
False
MEDIATION IS A PROCESS IN WHICH A MEDIATOR FACILITATES AND ENCOURAGES COMMUNICATION AND NEGOTIATION BETWEEN THE MEDIATION PARTIES, AND FORCES PARTIES IN ARRIVING AT A INVOLUNTARY
AGREEMENT.
True
False
Key principles of Mediation are:-
a. Self Determination
b. Impartiality/Neutrality
c. Confidentiality
a, b and c
a and b
“A process under the IRA whereby an independent third party assists the
disputing parties to reach a mutually acceptable agreement
to resolve their dispute”.
Conciliation
Arbitration
Mediation
Med-Arbitration
Abitration is he determination of a dispute by one or more
independent third parties rather than by a court. During
arbitration, an arbitrator hears the arguments of both
parties to a dispute and settles the case by making an
award.
True
False
It is facilitated negotiation. A third-party neutral does not render an award but facilitates communication between the parties and assists them in reaching a voluntary resolution of their dispute.
arbitration
court litigation
negotiation
mediation
The following are the exception to the application of the ADR Act. 2004, except
future legitime
disputes referred to court-annexed mediation
civil liability
any ground for legal separation
(a) performs specific roles and responsibilities pertaining to the mediation process as described in the Mediation Process Flowchart.
PMC stands for:
Philippine Mediation Center
Private Mediation Conference
Philippine Mediation Conference
Private Mediation Center
ADR stands for
Automated Discovery Response
Alternative Discovery Response
Alternative Dispute Resolution
Automated Dispute Resolution
What method of ADR is used in the following example?
Joe and Jane are neighbors. Jane is playing her music too loud. Joe calls Jane and asks her to stop playing her music so loud. Jane doesn't think it is loud. She suggests that they contact Bob, president of the neighborhood association, to help them resolve their problem. Joe and Jane met with Bob. Bob suggests Jane keep her volume level at 4 past 10. Jane refuses to agree. Joe and Jane walk away without agreeing to a solution.
arbitration
mediation
negotiation
trial
What method of ADR is used in the following example?
Sam works at Target. Sam doesn't get scheduled as much as he'd like. Sam speaks with his manager, Chris. He asks for more shifts. Chris denies Sam's request. Sam believes he is being discriminated against due to his race. When Sam was hired, his contract stated that all conflicts would be resolved through a neutral third-party who would make the decision for both parties. Dave is the chosen third-party. Dave listens to both sides and decides that Sam is being discriminated against. He tells Chris that he needs to schedule Sam more.
Negotiation
Mediation
Arbitration
Trial
Disadvantages of going to court to resolve a problem include:
a. There is no resolution in court.
b. Going to court can take a long time.
c. Going to court can be expensive.
d. All of the above.
e. Both b + c
What method of ADR does the third party facilitate discussions but does not enter the the arena of the dispute as either a judge or a conciliator?
Conciliation
Mediation
Arbitration
Negotiation
Cheap
A dispute resolution method where a mediator assists parties to exchange ideas, information or possible alternatives
Mediation
Conciliation
Arbitration
Facilitation
An informal dispute resolution method where the two parties discuss the issues before a conciliator who will assist the parties to reach an agreement
Mediation
Arbitration
Conciliation
Judicial determination
A dispute resolution method where both parties present their case before an independent arbitrator who will make a final and binding decision
Arbitration
Conciliation
Judicial Determination
Mediation
What is the role of the mediator?
Offer a solution to the parties involved in the mediation
Act as an impartial third party facilitating discussion without taking a side
Investigate the issue being discussed
To pronounce the verdict of the jury
The outcome of mediation is legally binding
True
False
A conciliator can suggest solutions to the problem being disputed
True
False
The outcome of conciliation is not legally binding
True
False
Which of the following are benefits of arbitration?
Usually faster than a court case
The outcome is legally binding
Allows for win-win scenarios for the parties
Provides a cooperative solution
____________ ____________ is about helping people to change.
Collaboration
Compromise
Conflict mediation
Avoidance
__________________________is almost always a desired strategy because all parties win.
compromise
accomodation
avoidance
competition
__________________________is probably the most satisfactory way to resolve a conflict.
compromise
avoidance
collaboration
competition
Studies show that when students have problems, they frequently turn to their ________________for assistance rather than to adults.
teachers
peers
dogs
relatives
Peer mediation promotes a ________________atmosphere where all participants feel respected.
judgemental
stable
uncomfortable
safe
Conflict mediation in schools results in a reduction of ________________, absenteeism, vandalism, suspensions and punitive actions.
Saturday Schools
detentions
violence
expulsions
The person who is talking receives _______________________of the eye contact from the mediator.
60%
50%
40%
80%
The person who is not talking receives___________________of the eye contact from the mediator.
20%
60%
50%
40%
The conflict mediators must introduce themselves, explain the purpose of the meeting and talk about the _________________ ________________.
ground rules
discipline policy
Saturday School
school rules
Each person takes a ________________telling what happened while others listen.
paper
turn
chance
problem
Conflict mediation in schools shifts the repsonsibility for solving conflict to the ______________________.
troublemaker
administration
teachers
students
Mediators should never take notes while an individual is speaking.
True
False
Peer mediators must be willing to listen to all sides of the issue without judging right or wrong.
True
False
There are five conflict management styles.
True
False
The competition conflict management style can be helpful in an emergency situation.
True
False
Avoidance is a conflict management style that is helpful for those who are careful about picking their fights or conflicts.
True
False
Accomodation is a conflict management style that can be useful when one person's needs are greater than the others or when having one's way is pointless.
True
False
Compromise is a management style that is a win/win situation.
True
False
Collaboration is a management style that requires more time to think through the possible actions.
True
False
How do you think you will do on the real quiz?
Excellent
Good
Okay
Not well
Not sure
Mediation is a voluntary, (a) process.
selected by they parties, assist the parties in reaching an agreement. ____
facilitator
controller
negotiator
mediator
During the mediation process, it is not possible to stop
T
F
The parties can agree to make their mediated ------agreement into a contract.
(a)
It is enforceable in court if the contract is immediate broken.
T
F
Mediation process is similar to traditional ---------practiced in many Asian.
(a)
The main difference between conciliation and mediation is a mediator
T
F
Conciliator asks questions and wait for calmly for a response.
T
F
Mediator suggest solutions and give advice.
T
F
Conciliator stays absolutely neutral and unbiased.
T
F
Mediator do no make-------about who is right or wrong.
(a)
Can a mediator give advice or suggest solutions? why or why not?
Do you agree with the statement "The parties take responsibility for solving their dispute."?
the parties who truly create their own solutions are ----- ---- and more frequently keep the agreements they make.
(a)
Facilitator tries to facilitate the communications and negotiations between parties.
T
F
Why should mediation take place?
Mediation is most likely to succeed when
having an ongoing relationship
having a long relationship history
having a periodic talk
Mediation is not likely to succeed when
having a privacy
having a confidential
having a discussion
Most disputes are not resolved within
a day
two days
three days
-------is expensive in terms of money, time, and energy
(a)
------is the process of bargaining over a set of issues for the purpose of reaching an agreement.
(a)
In every negotiation there will be a point for each party ----- its minimum level of acceptance.
is belong
shows
represents
In every negotiation, any party can offer a condition.
T
F
It is wise to learn about the other party's ----- -----.
(a)
A good agreement ------the interests of each of the parties.
maximize
minimize
balance
Good negotiations involve the parties-----and ------- rather than--------
compromising, cooperating, competing
cooperating, compromising, competing
cooperating, competing, compromising
The first point to bear in mind is that the -----made by the 1st party will set out what that party would like to get
(a)
How many options can 2nd party choose when the 1st party's proposal is made?
2
3
4
There are some rules to follow during negotiation process.
T
F
Good points about negotiation
enforced settlement
delay tactic
less adversarial
