Question 1

The most common forms of alternative dispute resolution are:
A)Litigation,negotiation and mediation.
B)Mini-trials,mediation and arbitration.
C)Negotiation,mediation and arbitration.
D)Process consultation,mediation and arbitration.

Accepted Answer

The most common forms of alternative dispute resolution are negotiation, mediation, and arbitration. Choice C includes all three of these options, making it the best choice. Litigation and mini-trials are less commonly used methods of resolving disputes, while process consultation is not typically considered a form of dispute resolution.

Question 2

To avoid what they expect will be an inefficient use of their time,disputants defer to the arbitration option too quickly.This phenomenon refers to:
A)The half-life effect.
B)The narcotic effect.
C)The motivator effect.
D)Characteristics of the parties.

Accepted Answer

The narcotic effect refers to the tendency of disputants to quickly resort to arbitration as a means to avoid what they perceive as an inefficient use of their time, relying on it as a 'quick fix' rather than exploring potentially more beneficial and efficient dispute resolution methods.

Question 3

Mandatory arbitration:
A)Cannot be used in employment disputes.
B)Cannot be used in consumer disputes.
C)Cannot be used in disputes between clients and companies.
D)Requires clients,customers and employees to arbitrate all disputes rather than pursue legal action.

Accepted Answer

Mandatory arbitration requires clients, customers, and employees to arbitrate all disputes rather than pursue legal action. It can be used in various types of disputes, including consumer and employment disputes.

Question 4

Inquisitors,Mediators,Arbitrators and Motivators are labels that describe:
A)Mediator roles.
B)Arbitrator roles.
C)Employee conflict intervention strategies for managers.
D)The relative power of the disputants or negotiators.

Accepted Answer

These labels describe different employee conflict intervention strategies for managers, which involve resolving disputes between employees. Inquisitors are managers who ask questions and seek information to understand the root cause of conflict. Mediators are managers who facilitate communication and negotiation between disputing parties. Arbitrators are managers who make a final decision on a conflict after listening to both sides. Motivators are managers who use positive reinforcement and incentives to encourage employees to cooperate and resolve the conflict.

Question 5

One of the benefits of alternative dispute resolution is that it is less expensive than resolving your dispute with another party through the legal system.

Accepted Answer

Alternative dispute resolution, such as mediation or arbitration, typically involves lower costs than going through the court system, which can involve legal fees, court costs, and other expenses.

Question 6

Mediators should treat the parties as evenhandedly as possible.

Accepted Answer

Mediators need to be impartial and treat both parties equally in order to maintain neutrality and facilitate a fair and balanced negotiation process.

Question 7

During an arbitration,in order to defend themselves effectively against claims of unjust termination of an employee,employers must demonstrate that they have taken steps to applay__________ required criteria before firing the employee.
A)Four.
B)Five.
C)Six.
D)Seven.

Accepted Answer

The answer of During an arbitration,in order to defend themselves...

Question 8

Mediated solutions are preferable to the negotiating parties than arbitrated solutions because:
A)The parties do not have to be involved in coming up with the solutions.
B)The parties help create the solutions.
C)The arbitrator's decision is final.
D)Mediation requires less preparation than arbitration.

Accepted Answer

Mediation allows the negotiating parties to have a say in creating the solutions, whereas arbitration is a binding decision made by an arbitrator. Mediated solutions are considered to be more satisfactory to the parties as they have more control over the outcome. Option A is incorrect because in mediation, the parties actively participate in developing the solutions. Option C is incorrect because the arbitrator's decision is final, which means that the parties do not have any input into the outcome. Option D is also incorrect because mediation often requires more preparation than arbitration.

Question 9

Mediators and arbitrators should have a vested interest in the outcome of the negotiation.

Accepted Answer

Mediators and arbitrators are supposed to remain neutral and unbiased in order to facilitate a fair and impartial resolution of the dispute. Having a vested interest in the outcome would compromise their ability to remain neutral and could potentially lead to a biased decision.

Question 10

If you are involved in an arbitration,be sure to:
A)Choose a dispute resolution method that will offer you the greatest advantages.
B)Know what criteria the arbitrator will use to interpret your case.
C)Avoid mandatory arbitration if you want to preserve important relationship.
D)Remain flexible in case innovative solutions are created that cannot be evaluated using your target or resistance points.

Accepted Answer

Knowing the criteria the arbitrator will use to interpret your case is crucial in presenting your arguments effectively and increasing the chances of a favorable outcome.

Question 11

Arbitration hearings usually begin with:
A)The mediator's opening remarks.
B)The arbitrator's opening remarks.
C)The claimant,then the defendant,stating why his or her side is right and the other side is wrong.
D)The claimant,then the defendant,introducing facts and evidence.

Accepted Answer

The answer of Arbitration hearings usually begin with:
A)The mediator's opening...

Question 12

Three criteria that managers should consider before choosing an employee dispute intervention strategy are:
A)Effectiveness,efficiency and objectives.
B)Effectiveness,efficiency and compliance.
C)Goals of the manager,characteristics of the conflict,characteristics of the third party.
D)Goals of the manager,characteristics of the conflict,characteristics of the organization.

Accepted Answer

The three criteria that managers should consider before choosing an employee dispute intervention strategy are the goals of the manager, characteristics of the conflict, and characteristics of the third party. The manager's goals will help determine what type of strategy is appropriate, and the characteristics of the conflict (such as the severity and complexity) will help determine which strategy will work best. Finally, the characteristics of the third party (such as their neutrality and expertise) will help ensure that the intervention is effective. Therefore, option C is the best choice.

Question 13

Custom and past practice refer to:
A)Two methods used by arbitrators to interpret cases.
B)Interpreting cases by using precedent cases and decisions.
C)Interpreting cases by using the contract or policy manual.
D)Interpreting cases by considering the minutes or notes collected when the provision at issue was written or negotiated.

Accepted Answer

Custom and past practice are indeed two methods used by arbitrators to interpret cases. They look at the established customs and practices within a workplace or industry to help determine the intent and application of contract terms or to resolve ambiguities.

Question 14

Alternative dispute resolution is typically used to help with commercial and employment disputes.

Accepted Answer

Alternative dispute resolution (ADR) techniques such as mediation and arbitration are commonly used in resolving commercial and employment-related disputes.

Question 15

If you are involved in a mediation:
A)Choose a dispute resolution method that will offer you the greatest advantages.
B)Know what criteria the arbitrator will use to interpret your case.
C)Avoid mandatory arbitration if you want to preserve important relationships.
D)Remain flexible in case innovative solutions are created that cannot be evaluated using your target or resistance points.

Accepted Answer

Remaining flexible allows for the possibility of finding creative solutions that may not have been considered initially. This can lead to a more satisfactory resolution for all parties involved.

Question 16

_______ gives arbitration disputants a powerful incentive to continue negotiating seriously,especially if they are concerned that the arbitrator will not accept their extreme offer.
A)The biasing effect.
B)The chilling effect.
C)Final offer arbitration.
D)The decision-acceptance effect.

Accepted Answer

Final offer arbitration (FOA) gives bilateral disputants an incentive to make reasonable offers because the arbitrator must select one party's proposal in its entirety, usually without modification, and cannot split the difference. This provides a "chilling" or deterring effect on extreme proposals and encourages both parties to negotiate seriously.

Question 17

Mediation and arbitration have their roots in labor-management relations.

Accepted Answer

Mediation and arbitration were first used as a means of resolving disputes between labor unions and management in the early 20th century. They have since expanded to other areas of conflict resolution, but their origins can be traced back to labor-management relations.

Question 18

When outcome control is low and process control is low,managers who are required to intervene in an employee dispute should use which of the following strategies,(according to Thibault & Walker,1975)?
A)Inquisitor.
B)Motivator.
C)Mediator.
D)Arbitrator.

Accepted Answer

The answer of When outcome control is low and process...

Question 19

Which of the following empowers negotiators to solve their own problems and make their own decisions without being directive?
A)Orchestrators.
B)Dealmakers.
C)Arbitrators.
D)Negotiators.

Accepted Answer

Orchestrators empower negotiators to solve their own problems and make their own decisions without being directive. They provide guidance and support, but they do not control the negotiation process. Dealmakers focus on closing deals and may be directive in their approach. Arbitrators are neutral third parties that are called in to settle disputes, while negotiators are the individuals directly involved in the negotiation process.

Question 20

Which of the following does not have authority over the final outcome decision?
A)A judge.
B)A mediator.
C)An arbitrator.
D)A negotiator.

Accepted Answer

A mediator facilitates discussion and negotiation between parties to help them reach a mutual agreement, but does not have the authority to make a binding decision on the outcome.

Quiz 14: Third-Party Intervention: Recourse When Negotiations Sputter or Fail?

The most common forms of alternative dispute resolution are:

To avoid what they expect will be an inefficient use of their time,disputants defer to the arbitration option too quickly.This phenomenon refers to:

Mandatory arbitration:

Inquisitors,Mediators,Arbitrators and Motivators are labels that describe:

One of the benefits of alternative dispute resolution is that it is less expensive than resolving your dispute with another party through the legal system.

Mediators should treat the parties as evenhandedly as possible.

During an arbitration,in order to defend themselves effectively against claims of unjust termination of an employee,employers must demonstrate that they have taken steps to applay__________ required criteria before firing the employee.

Mediated solutions are preferable to the negotiating parties than arbitrated solutions because:

Mediators and arbitrators should have a vested interest in the outcome of the negotiation.

If you are involved in an arbitration,be sure to:

Arbitration hearings usually begin with:

Three criteria that managers should consider before choosing an employee dispute intervention strategy are:

Custom and past practice refer to:

Alternative dispute resolution is typically used to help with commercial and employment disputes.

If you are involved in a mediation:

_______ gives arbitration disputants a powerful incentive to continue negotiating seriously,especially if they are concerned that the arbitrator will not accept their extreme offer.

Mediation and arbitration have their roots in labor-management relations.

When outcome control is low and process control is low,managers who are required to intervene in an employee dispute should use which of the following strategies,(according to Thibault & Walker,1975) ?

Which of the following empowers negotiators to solve their own problems and make their own decisions without being directive?

Which of the following does not have authority over the final outcome decision?