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WorksheetsADR Study
Total questions: 73
Worksheet time: 4hrs 39mins
Person A is selling a widget which Person B would like to buy. A wants $50 for the widget, but is willing to take $25. B would like to buy the widget for $15, but is willing to pay up to $30. What is the bargaining zone for A and B's transaction?
$15-$50
$25-$30
$15-$25
$30-$50
Which of the following is NOT a step in developing a BATNA?
Inventing
Researching
Selecting
Improving
Which of the following represents the biggest advantage in negotiation?
Knowing the parties' RPs
Ability to walk away without a deal
Knowing the parties' needs and objectives
Political influence
Which of the following is NOT a key goal of Collaborative Law (CL)?
Providing a civilized, problem-solving process for divorcing spouses.
Increasing the complexity of legal procedures to protect client rights.
Minimizing costs and improving compliance with agreements.
Focusing on maintaining good relationships, particularly for children.
Increasing privacy in the dispute resolution process.
What is the primary purpose of the disqualification agreement in Collaborative Law?
To prevent clients from hiring attorneys during the process.
To ensure that mediators remain impartial.
To disqualify attorneys from representing their clients in litigation if the process fails.
To establish formal discovery procedures during negotiations.
To allow clients to pursue alternative legal representation at any time.
What distinguishes Collaborative Law (CL) from mediation, according to CL proponents?
Collaborative Law exclusively focuses on emotional reconciliation.
Mediators are allowed to provide legal advice during the process.
Collaborative Law avoids power imbalances and provides active legal representation.
Mediation is quicker and more structured than Collaborative Law.
Collaborative Law discourages the use of attorneys in the negotiation process.
What is Online Dispute Resolution (ODR)?
A method that replaces legal representation with AI-driven verdicts in all cases.
A traditional courtroom process enhanced with basic digital tools for file storage.
A digital approach to resolving disputes using algorithms, online communication, and automated tools.
A manual process for courts to gather and analyze data on previous cases for policy changes.
A system that exclusively focuses on large-scale, high-value corporate litigation.
What are Tiered Dispute Resolution Clauses (TDRCs)?
Clauses that allow parties to bypass legal agreements and directly file lawsuits.
Provisions in contracts requiring negotiation or mediation before litigation or arbitration.
A legal framework that prohibits arbitration in all forms of dispute resolution.
Clauses that only apply to disputes involving international contracts.
Agreements focused solely on avoiding legal representation during disputes.
Which of the following is not a best practice for Empathy?
Having a learning conversation in order to better understand the counterpart’s client and that client’s situation in order to propose solutions that respond to those needs
Translate the parties’ interests into realistic integrative proposals
Advance research to find areas of commonality and to be genuinely friendly and curious
Looping or active listening to confirm that you accurately understand their perspective and that, even if you don’t agree with their position, you respect their position
To effectively engage with a Competitive negotiator, you should:
Offer compromises and quick resolutions to avoid confrontation
Allow them to dominate the conversation and make the final decision
Stay firm in presenting your own views and be prepared to challenge their ideas
Focus on win-win solutions to ensure both sides feel equally satisfied
What is a potential challenge when negotiating with a Problem Solver/Collaborator?
The negotiation may take longer than expected due to the need for detailed discussions and collaboration
The solution may seem like a temporary fix, without addressing the deeper issues
They may build resentment over time by ignoring their own needs to please others
They may refuse to engage in negotiations unless all parties are in agreement from the start
What does the consistency principle, as applied to objective criteria in negotiation, emphasize?
The importance of using subjective feelings to guide decisions
Applying the same standards and reasoning to both sides of the negotiation
Flexibility in the criteria to meet the needs of both parties
Choosing objective criteria that favor one party over the other
In a negotiation, one party emphasizes the importance of feeling respected and valued throughout the discussion, and they want to ensure that their team is treated with dignity both during and after the process. Which type of interest is being considered?
Common law interests
Substantive interests
Procedural interests
Psychological interests
Mediation is often viewed as “WIN-win” or “OK-OK” while arbitration is generally:
Win-Win
Lose-Lose
Win-Lose
Ok-Lose
Forced arbitration is viewed favorably by:
Democrats
Republicans
Both Democrats and Republicans
Neither Democrats nor Republicans
If you are trying to maintain a positive relationship with the opposing party, the best ADR method would be:
Arbitration
Trial
Mini-trial
Mediation
Which of the following treatises recognizes and provides enforcement guidelines for international commercial arbitration for more than 150 signing countries?
FAA
NLRA
AAA
NY Convention
What is the standard of compelling arbitration outlined in the NY Convention?
“...save upon such grounds as exist at law or in equity for the revocation of any contract”
“Unless…the agreement is null and void, inoperative, or incapable of being performed”
“Unless…the terms of the arbitration agreement are unconscionable to one of the parties”
“...save upon such grounds as exist in the mandatory law of the arbitral seat”
Company A, from country A, reaches out to Company B, from country B, to initiate a deal together. They sign a contract containing a valid arbitration agreement in country B. In their arbitration agreement, they agree to arbitrate in country C. Company A is unhappy with the decision, alleges that the arbitral tribunal did not arrive at their decision per the terms outlined in the scope agreement, and wants to appeal the award. To whom does Company A go to for resolution of the dispute?
Company A Court
Company B Court
Company C Court
NY Convention Enforcement Board
What is a key difference between adjudicative and facilitative dispute resolution processes?
Adjudicative processes are always non-binding, whereas facilitative processes are always binding.
Adjudicative processes guarantee an outcome determined by a neutral third party, while facilitative processes involve negotiation between parties without third-party control over the outcome.
Facilitative processes are enforceable through expedited court enforcement, whereas adjudicative processes require litigation to enforce outcomes.
Adjudicative processes prioritize interests, while facilitative processes prioritize rights.
Facilitative processes always involve an administrative judge, whereas adjudicative processes do not.
Which of the following statements about private trials is TRUE?
A private judge’s decision is automatically binding without any further court involvement.
The public judge must adopt the private judge’s conclusions and findings without the ability to appeal.
A private trial only has the same effect as a normal trial if a public judge agrees to be bound by the private judge’s decision.
Private trials cannot involve dispositive motions such as summary judgment.
Private trials are limited to arbitration and cannot include elements of a public trial.
What potential consequence exists for a party that rejects a non-binding arbitration award and proceeds to trial?
The party must pay all arbitration-related fees, regardless of the trial outcome.
If the party performs worse at trial, some courts require them to pay the opposing side’s legal fees.
The party loses the right to introduce new evidence at trial.
The arbitration award automatically becomes enforceable if the party loses at trial.
The party is barred from filing dispositive motions before trial.
Which of the following is a characteristic of Social Process Theories of conflict?
Conflict arises from unmet personal needs
Conflict results from threats to group identity
Conflict is understood through the institutionalized structures of society
Conflict arises from relationships between parties, especially along distributional lines
What does procedural unconscionability typically involve?
A biased arbitrator or excessive costs imposed by the clause.
An arbitration clause that shocks the conscience.
A lack of meaningful choice in accepting the arbitration clause, such as a “take it or leave it” contract.
Arbitration clauses that limit the remedies available to one party.
Which of the following statements about judicial review of arbitration awards is TRUE?
Courts regularly review the merits of arbitration awards to ensure fairness.
The FAA allows courts to vacate awards for any misinterpretation of law.
Arbitrators are required to provide detailed explanations for their awards.
Courts have a very limited role in reviewing arbitration awards to preserve the arbitration process.
What is the separability doctrine in arbitration agreements?
It treats arbitration provisions as separate and valid contracts, distinct from the larger contract.
It invalidates arbitration clauses in contracts involving fraud.
It ensures courts review all fraud claims related to contracts.
It prevents arbitration agreements from being enforced in federal courts.
According to the Needs Theory of conflict, what causes conflict?
The failure of a dispute resolution system
Threats to group identity
Unmet needs
Lack of communication
The Dispute Resolution Continuum progresses from:
Conflict as action to conflict as perception
Informal resolution to formal resolution
Position-based to interest-based negotiations
Arbitration to negotiation
What is the primary difference between arbitration and mediation?
Arbitration is less formal than mediation
In arbitration, the parties determine the outcome, while in mediation, the arbitrator decides
Mediation is a private process, while arbitration is always public
In arbitration, the arbitrator determines the outcome, while in mediation, the parties determine the outcome
Which of the following is NOT a type of arbitration?
Commercial Arbitration
Labor Arbitration
Contractual Arbitration
International Arbitration
Which of the following is true about the role of arbitrators in the arbitration process?
Arbitrators must have a law degree and special training to act in their capacity
Arbitrators are not immune from civil liability for their decisions
Arbitrators must be chosen by the court, not the parties involved
Arbitrators come from a diverse range of backgrounds, but there are concerns about lack of diversity in the field
In the case of the opera singer, what is the primary takeaway regarding negotiation?
Always start by offering a number that reflects your bottom line
The first person to make an offer holds the least power in the negotiation
Avoid offering a price right away, and instead, ask questions to understand the Zone of Possible Agreement (ZOPA)
Negotiation is only effective when the parties have equal power and resources
Which legislation governs commercial arbitration in the United States?
The Civil Rights Act of 1964
The Federal Arbitration Act (FAA)
The National Labor Relations Act
The Uniform Arbitration Act (UAA)
Adjudicative and consensual methods differ based on:
The presence of attorneys on each side.
The theoretical underpinnings of the conflict.
Who will pay for the filling fees.
Who will determine the outcome of the dispute.
What is the difference between a position-based process and an interest-based process?
A position-based process tends to have parties asserting positions opposing each other; interest-based processes include attempts to reconcile the parties’ interests by finding a solution satisfying the underlying interests of both parties.
Adjudication is always a position-based process, whereas negotiation is exclusively an interest-based process.
Mediation and negotiation never involve positions, since they focus exclusively on resolving the needs or motives that underlie each parties’ position.
Litigation never involves interest-based processes, because it only acknowledges people’s positions, or what someone says she wants or is entitled to have.
Which of the following correctly states the distinction between mediation and binding arbitration?
Arbitration results in awards that are binding, whereas the settlement agreements resulting from mediation are just contracts that are unenforceable and thus non-binding.
The arbitrator is the decision-maker in arbitration, whereas the parties are the decision-makers in mediation.
Mediation is exclusively interest-based, whereas arbitration is exclusively position-based.
Mediation is informal and not bound by the law, whereas arbitration is a formal process that relies on established legal precedent.
In order to earn the points described in the syllabus, are the students in ADR Survey required to complete formative assessment questions after every day of class - and to complete them by each day's deadline?
Yes, except that on Friday, the class will be over so there will not be any more formative assessment questions.
Yes, there will be formative assessment questions after every day of class - even on Friday - and there will always be a deadline.
Yes, except that on Friday, there will not be any deadline.
No, because the syllabus does not provide for any points that can be earned for completing the formative assessment questions.
What reasons might motivate parties to choose to arbitrate a dispute instead of going to trial?
Because they want a decision-maker who really knows the subject matter.
Because they know that arbitration will always be less expensive.
Because they know that arbitration will always be less expensive.
Because they want to preserve all of their legal rights.
Which of the following is a true statement regarding the qualifications required to be an arbitrator?
There are no requirements to be an arbitrator. Anyone may hold themselves out as an arbitrator.
Arbitrators must be certified as arbitrators before holding themselves out as arbitrators.
Arbitrators must hold a terminal degree in their given field of expertise in order to hold themselves out as arbitrators.
Arbitrators must be licensed by the state before they may hold themselves out as arbitrators.
Which of the following, if any, most accurately describes the Supreme Court’s holding in Gilmer v. Interstate/Johnson Lane?
Arbitrators must write the reasons for their arbitration awards in language easy enough for the lay person to understand.
Because arbitral institutions owe a fiduciary duty to the parties and the courts under the FAA, courts are required to delegate decision-making power to them.
Arbitration agreements for employees can never be enforced under the FAA without some proof of equal bargaining power.
Arbitration provisions are presumptively valid contracts just like other contracts, and will not be invalidated based on generalized concerns about arbitration or arbitrators.
A court is more likely to refuse the enforcement of an arbitration agreement when:
The party refusing the enforcement of the arbitration agreement argues that the larger contract was fraudulently induced.
The arbitration agreement is placed in an obscure part of a larger contract.
The arbitration agreement sets up a proceeding that limits statutory remedies that would otherwise be available in court to the weaker non-drafting party.
The scope of the agreement includes statutory claims.
Which of the following are grounds under the FAA to reverse an arbitration award?
The arbitrator was mistaken about the facts in the case.
The arbitrator was mistaken about the law.
The arbitrator exceeded the scope of her authority under the agreement to arbitrate.
The arbitrator was mistaken about both the law and the facts of the case.
The arbitrator was mistaken about the facts and exceeded the scope of her authority under the agreement to arbitrate.
Which of the following are non-statutory grounds for vacating an award:
Due process violations and public policy.
The arbitrator knew what the clearly controlling law was, deliberately disregarded it, and contradicted it in the award.
An unreasoned award.
Manifest disregard of the law such as a clear misunderstanding of the relevant law.
In which of the following circumstances is a provision in an arbitration agreement least likely to be enforced?
An arbitration agreement limits discovery to one deposition and one request for production of documents per party.
An arbitration agreement is imposed on purchasers of a company’s products on a take-it-or-leave-it basis.
An arbitration agreement prohibits class action arbitration.
A credit card company includes an arbitration provision in every cardholder agreement.
An arbitration agreement requires that a consumer initiating arbitration against a company pay a non-refundable fee of $5,000 to initiate arbitration.
Which of the following, if any, most accurately describes the Second Circuit’s holding in Sobel v. Hertz, Warner & Co.?
When resolving statutory claims, arbitrators must always explain their reasoning in order to avoid triggering a ground for annulment.
Courts always have the possibility of reviewing statutory interpretations by the arbitrators.
The FAA does not require arbitrators to disclose the reasoning underlying their awards.
A misconstruction of the law by an arbitrator is a clear manifest disregard of the law and consequently a ground for vacatur.
The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards:
Has been ratified only by Western nations.
Should not prevail if it conflicts with the Federal Arbitration Act because the Convention is not U.S. law.
Has a list of limited grounds for the annulment and refusal of enforcement of foreign arbitral awards.
Is an international treaty that seeks to overcome judicial hostility to international arbitration of commercial disputes.
Recall the Golden Years simulation. Imagine that you are the mediator, and you are trying to be as facilitative (or elicitive) as possible, based on the continuum of mediator practices from facilitative (or elicitive) to evaluative (or directive). Which of the following would be the most facilitative (or elicitive) intervention?
During caucus, you tell Green Acres' director that a jury is unlikely to find for Green Acres on Sally's personal injury claim.
In a joint session, you say to the parties, “You’ve found ways to accommodate Sally's and Green Acres' needs in terms of the nursing home's operations, and you have closed the gap from your initial offers that were $100,000 apart to offers that are now $10,000 apart. You've accomplished a lot. Why don’t you bridge the remaining gap by splitting the difference?”
During caucus, you tell Sally's attorney, “I respect your legal analysis and zealous representation of your client. But if I were you, I’d be worried about your client’s attack on Susan Gross."
In joint session, in an effort to facilitate both parties' willingness to work with each other, you recommend a settlement figure.
In caucus, you ask Sally Soprano what she would most like to accomplish through the mediation.
According to Riskin, a mediator with a “broad” agenda:
Encourages the parties to consider a wide range of issues and options to settle a dispute.
Is willing to keep his/her calendar open so that the mediation might play out over several days.
Is open to playing a number of roles, including facilitator, case evaluator, and arbitrator.
Is accustomed to mediating cases with multiple parties.
Is willing to consider a wide range of dollar amounts to settle a dispute.
Which of the following is never a characteristic of mediation?
Assisted negotiation.
A binding decision by the neutral.
A binding agreement at the conclusion of the process.
Direct party participation.
In mediation, a caucus is:
A joint session that the mediator calls in order to talk about the mediation process itself, rather than about the issues in dispute.
A meeting between a party and his or her attorney.
A pre-mediation telephone conversation with the lawyers, to establish the date, time, and location of the mediation session.
A meeting between the mediator and just one side in the mediation.
Which of the following statements is true?
Lawyers should prepare their clients for mediation.
When lawyers accompany their clients to mediation, the clients should not speak and should instead allow their lawyers speak on their behalf.
Lawyers do not need to do any legal research or discovery prior to a mediation.
It is not clear that lawyers are needed or useful in mediation because the law is irrelevant.
Communications that occur in mediation:
Are confidential, which means they are protected by the mediation privilege and can never be admissible at trial.
Are confidential and thus cannot be divulged by the mediator or the parties to anyone, ever.
Are confidential, but in general they will be inadmissible at trial only if a statute or rule provides for a mediation privilege.
Are confidential, but a judge will always exercise unfettered discretion in deciding whether they will be admissible at trial.
You may want to use a value claiming approach in a negotiation when:
You are most comfortable with this approach.
The outcome matters more than your relationship with your negotiating counterpart.
You want to explore options.
You dislike your negotiating counterpart.
You are representing a client in an employment discrimination case. The company is willing to negotiate a settlement. Which of the following are objective criteria that you could use to determine how much they should pay your client?
How much the company has paid to settle similar claims in the past.
Salaries for employees with similar job descriptions and qualifications.
Both the salaries for employees with similar job descriptions and qualifications and what the company has paid in the past to settle similar claims.
What your client wanted to be paid when they started the job.
What your client wanted to be paid, the salaries for employees with similar job descriptions and qualifications, and what the company has paid in the past to settle similar claims.
In the Singer negotiation that you did during class, the ZOPA would:
be the opposite of the bargaining range.
be between $25,000 and $45,000
be between $0 and $45,000
vary based on the first offer.
You are a new prosecutor. Your boss was recently elected as a “reforming DA” with campaign promises to “stop mass incarceration.” Your boss handed you a pile of cases and said, “Use your judgment to settle these cases. You can’t dismiss any cases without my approval, or reduce the charges without my approval. Otherwise you can exercise your discretion and settle these cases in any way you think is fair. Remember, I didn’t get elected to just sentence people to prison but I expect most of these cases to settle and to settle as quickly as possible so we aren’t wasting court time.” You walked into the courtroom and see that the public defender assigned to the court is someone you know from law school. You took a negotiation class together. From your experience, the public defender has a highly collaborating style of negotiation. Mindful of your boss’s instructions, will you:
Tell the public defender that your offer is “good today only” so you can get as many cases as possible settled today.
Tell the public defender that you do not have any offers on any cases so that they will be more open to your offers at the next court date.
Tell the public defender that it is a “take-it-or-leave it” offer, so you will not negotiate a different offer and you won’t waste time talking about each case over and over again.
Tell the public defender what you are offering on each of your cases and be open to making a different offer if the public defender makes a reasonable counter-offer.
A neighborhood developer wants to build a 450-unit, 4-story apartment building in a residential neighborhood. The local neighborhood association is opposed to the development due to a concern that it will bring more traffic to the neighborhood, more transient student renters (due to the nearby university) and more noise, and will decrease their property values. The developer wants to build an apartment complex large enough to justify their investment.
What is the best description of the positions of the developer and the neighborhood association?
The developer wants to make a profit and the neighborhood association wants their neighborhood to continue to be a peaceful, stable, family friendly neighborhood.
The developer wants a 450-unit building and the neighborhood association doesn’t want increased traffic.
The developer wants a 450-unit building and the neighborhood association doesn’t want an apartment building built.
The developer wants a 450-unit building and the neighborhood association doesn’t want their property values to decrease.
Recall that a neighborhood developer wants to build a 450-unit, 4-story apartment building in a residential neighborhood. The local neighborhood association is opposed to the development due to a concern that it will bring more traffic to the neighborhood, more transient student renters (due to the nearby university) and more noise, and will decrease their property values. The developer wants to build an apartment complex large enough to justify their investment.
What is the best description of the interests of the developer and the neighborhood association?
The developer wants a 450-unit building and the neighborhood association doesn’t want their property values to decrease.
The developer wants a 450-unit building and the neighborhood association doesn’t want increased traffic.
The developer wants a 450-unit building and the neighborhood association doesn’t want an apartment building built.
The developer wants to make a profit and the neighborhood association wants their neighborhood to continue to be a peaceful, stable, family friendly neighborhood.
When lawyers serve as mediators:
They are always ethically required to explain to unrepresented parties the difference between the role of lawyer and the role of mediator.
They essentially take on legal representation of both parties in the mediation.
The Model Rules of Professional Conduct provide that a lawyer-mediator must explain to an unrepresented party the difference between the role of a lawyer and the role of a mediator, when that party does not understand the role the lawyer is playing in the mediation.
The Model Rules of Professional Conduct do not apply because mediation is an alternative dispute resolution process, and the lawyer is not serving in a representational role.
Which of the following is most accurate?
Courts rely upon the provisions of the Federal Arbitration Act to enforce tiered clauses that provide for mediation and then, if the parties fail to settle, arbitration.
Courts rarely enforce mediation clauses in contracts because they view such clauses as “unenforceable agreements to agree.”
Courts rely upon a national policy favoring amicable settlement to enforce mediation and tiered dispute resolution clauses.
Courts are more likely to enforce mediation clauses if mediation is described as a “condition precedent” to initiating an adjudicative process such as arbitration or litigation, the clause specifies a time limit within which mediation must occur, and the clause specifies the consequences of failing to undertake mediation.
Which of the following statements accurately describe the findings of empirical research regarding negotiation?
Race and gender affect both the initial and final offers made by automobile salespersons to potential customers.
The seller’s race (if known) affects the number of offers and amounts finally paid for goods in online sales.
Same-race parties negotiate more cooperatively with each other than with intercultural negotiators.
All of these statements are accurate.
The courts began to institutionalize mediation in the 1980s and at that time, some commentators objected that mediation’s flexibility and informality permitted and could even exacerbate inequalities. Today:
We have empirical research demonstrating that these commentators’ concerns were misplaced.
The courts regularly report on parties’ perceptions and the outcomes of mediations – as well as negotiations, judicial settlement conferences, dispositive motions and civil trials - in order to ensure that there are no systemic patterns of injustice or discrimination.
Mediators have an ethical obligation to ensure that mediated settlement agreements are not unconscionable.
Empirical research regarding mediation suffers from methodological weaknesses and produces mixed and contradictory results on the existence and scope of biases, but this empirical research also indicates that racial and ethnic minority claimants consistently tend to prefer mediation to adjudication.
None of the answers represents an accurate statement.
Lawyers who practice Collaborative Law:
Are required to disclose the disadvantages of the practice to their clients, especially to ensure their clients’ informed consent to the withdrawal provision.
Are ethically limited to practicing in the area of family law.
Are not really practicing law.
Are engaging in an unethical unbundled practice
In The Clause simulation, you were involved in dispute system design – i.e., designing a system for the management and resolution of regularly-occurring disputes. Lawyers can assist their clients in designing such systems – e.g., for internal employment disputes, disputes with customers, etc. Based on your experience and dispute system design principles, which of the following are important in designing a system that is reasonably fair and effective?
Regularly evaluating the system in order to determine whether it is achieving its goals – and then making necessary adjustments.
All are important.
Including “fair results” as a goal of the system.
Including representatives of all stakeholder groups in the design of the system.
Training people in how to use the system.
What type of claims are frequently evaluated in arbitration? Select all that apply
Tort claims
State statutes
Federal claims
Which remedy can NOT be awarded by an arbitrator?
Traditional damages
Punitive damages
Injunctive relief
Settlements
Treble damages
If mediation is beginning to fail and litigation looks likely, what must a lawyer do to
counsel their client?
Inform the client they must settle
Inform the client they must file pleadings with the court as soon as possible to spend
less time and money on ineffective arbitration
Inform the client they need to inform the client of other methods of ADR that would be
a reasonable alternative
Inform the client of a recommended course of action by anticipating any questions a
client may ask based on personal experience
Inform the client of their expertise to encourage a bond of trust to diffuse the situation
If a tiered dispute resolution includes a Med-Arb clause and a lawyer serves as a
third party neutral, what is an advantage of this position?
When acting as an arbitrator, they are privy to information gathered in the mediation
phase so they can come to a more efficient solution quicker than ordinary arbitration
In the mediation phase, both parties are more likely to disclose additional information
because they wish to influence the third party neutral to rule in favor of them
Using a two-people third party system for Med-Arb allows the proceedings to go faster
in the arbitration phase than if they only utilized one person to serve as the third party
neutral
Med-Arb ensures a guaranteed outcome since Med-Arb arbitration clauses are binding
Med-Arb is favored by the FAA because it allows ambiguous language in the contract to
fit the needs of each individual party on a case-by-case basis
Med-Arb is favored by the FAA because it allows ambiguous language in the contract to
fit the needs of each individual party on a case-by-case basis
Med-Arb is favored by the FAA because it allows ambiguous language in the contract to
fit the needs of each individual party on a case-by-case basis
Med-Arb is favored by the FAA because it allows ambiguous language in the contract to
fit the needs of each individual party on a case-by-case basis
Med-Arb is favored by the FAA because it allows ambiguous language in the contract to
fit the needs of each individual party on a case-by-case basis
Med-Arb is favored by the FAA because it allows ambiguous language in the contract to
fit the needs of each individual party on a case-by-case basis
Med-Arb is favored by the FAA because it allows ambiguous language in the contract to
fit the needs of each individual party on a case-by-case basis
Med-Arb is favored by the FAA because it allows ambiguous language in the contract to
fit the needs of each individual party on a case-by-case basis
Med-Arb is favored by the FAA because it allows ambiguous language in the contract to
fit the needs of each individual party on a case-by-case basis
Med-Arb is favored by the FAA because it allows ambiguous language in the contract to
fit the needs of each individual party on a case-by-case basis
Med-Arb is favored by the FAA because it allows ambiguous language in the contract to
fit the needs of each individual party on a case-by-case basis
Med-Arb is favored by the FAA because it allows ambiguous language in the contract to
fit the needs of each individual party on a case-by-case basis
Med-Arb is favored by the FAA because it allows ambiguous language in the contract to
fit the needs of each individual party on a case-by-case basis
When is collaborative law the most effective for resolving disputes? Select all that apply.
Family law
Highly emotional disputes
When traditional litigation alternatives are impossible
When a quasi-negotiator function is an appropriate substitute for mediation
When maintaining a good relationship is paramount
What is the role of Ombuds in solving disputes? Select all that apply
An internal placement in an organization that can provide information about an individual’s rights in a dispute
Serves as an “auditor” in the Classical model for the legislative branch
Conducts a preliminary investigation into an allegation on the whistleblower’s behalf for a small fee
Acts as an adversarial advocate if an individual brings a serious claim against another
Can be a substitute for a counselor who can offer legal advice
What field(s) can ODR expand into to promote efficient dispute resolutions? Select all that apply.
Addressing misdemeanors such as traffic violations and small claims court
A place to challenge the IRS for tax assessment appeals
Substitute for arbitration
E--commerce
Plea Bargaining
