Question 1

Negotiated rule making is a process by which an agency invites the people and the organizations who will be affected by a new rule to have input into the writing of that rule.

Accepted Answer

Negotiated rule making involves active participation and input from those who will be impacted by the rule, rather than just being handed down by the agency without any input from stakeholders.

Question 2

Kin and Mai,through their lawyer,present an abbreviated version of their case to a jury in a single day,and obtain an advisory verdict.This is called a Med-Arb trial.

Accepted Answer

The process described is known as a summary jury trial, not a Med-Arb trial. Med-Arb combines mediation and arbitration, where a neutral party first attempts to mediate the dispute and, if unsuccessful, then arbitrates the case.

Question 3

Med-Arb is a process that combines negotiation and mediation to deliver effective results.

Accepted Answer

Med-Arb combines mediation and arbitration, where a neutral party first attempts to mediate the dispute and, if unsuccessful, then arbitrates the dispute, issuing a binding decision.

Question 4

Alternative Dispute Resolution can be expensive because of the initial steps prior to the filing of a lawsuit.

Accepted Answer

Alternative Dispute Resolution (ADR) methods such as mediation and arbitration are generally pursued to avoid the higher costs and longer timeframes associated with traditional litigation.

Question 5

The Federal Arbitration Act (FAA)is designed to make certain that properly initiated arbitration agreements will be enforced by the courts.

Accepted Answer

The Federal Arbitration Act (FAA) was enacted in 1925 to ensure that properly formed and implemented arbitration agreements are enforced by the courts.

Question 6

The parties involved in the dispute can use early normal evaluation (ENE)to settle a case or proceed to trial.

Accepted Answer

The answer of The parties involved in the dispute can...

Question 7

An arbitrator's decision is always binding and cannot be appealed in court.

Accepted Answer

An arbitrator's decision is usually binding, but there are limited circumstances under which it can be appealed or challenged in court, such as in cases of fraud, bias, or a clear disregard for the law.

Question 8

Some jurisdictions require litigants to submit to case management hearings and settlement hearings before they can secure a trial date.

Accepted Answer

Some jurisdictions have implemented case management programs in order to promote efficient case resolution and reduce the number of cases that proceed to trial. As part of these programs, litigants may be required to attend case management hearings and settlement conferences before a trial date can be set.

Question 9

According to the American Arbitration Association,arbitration is "a non-binding process where a neutral third party works with the parties to reach a mutually agreeable settlement."

Accepted Answer

The definition provided in the question is incorrect. Arbitration is actually a binding process where a neutral third party makes a decision on the dispute.

Question 10

Drafting of ADR contract clauses is a proactive attempt to ensure that litigation will be avoided should a dispute arise.

Accepted Answer

Drafting ADR contract clauses allows parties to agree on a non-litigation approach to dispute resolution, which is a proactive step in avoiding litigation if a dispute does arise.

Question 11

ADR clauses usually only benefit the employer who has the strongest position within an employment relationship.

Accepted Answer

ADR (Alternative Dispute Resolution) clauses can benefit both employers and employees by providing a less adversarial, more cost-effective, and faster way to resolve disputes compared to traditional litigation.

Question 12

A criminal law case can be resolved by an ADR panel.

Accepted Answer

Criminal law cases cannot be resolved by an ADR panel as they involve the violation of public laws and are prosecuted by the state.

Question 13

Proactive ADR increases the likelihood of litigation.

Accepted Answer

Proactive ADR (Alternative Dispute Resolution) refers to the use of ADR methods before a dispute escalates into full-blown litigation. By using ADR methods such as negotiation, mediation, or arbitration, parties can resolve disputes in a more cost-effective and timely manner. This can actually decrease the likelihood of litigation as parties are able to reach a settlement without going to court.

Question 14

Because of its cost-effectiveness,ADR is able to address critical social issues that may never reach the judicial system,thus filling in the policy gaps in the evolution of case law and the progression of legislation.

Accepted Answer

The answer of Because of its cost-effectiveness,ADR is able to...

Question 15

Colleagues Sarah and Julia are involved in a dispute and get another colleague,William,to make suggestions about helping them resolve their dispute.This is an attempt at mediation.

Accepted Answer

Mediation is a process in which a third party (mediator) helps two or more parties in conflict to communicate with each other, understand each other's perspectives, and reach a mutually acceptable agreement. In this scenario, William is acting as a mediator by making suggestions to Sarah and Julia to resolve their dispute.

Question 16

Arbitration is a process that establishes supportive relationships among the parties to a contract to head off disputes before they occur.

Accepted Answer

Arbitration is a dispute resolution process that involves a neutral third party making a binding decision on the outcome of a dispute between two or more parties. It is not a process designed to establish supportive relationships or prevent disputes before they occur.

Question 17

Mediation always precedes the filing of a lawsuit.

Accepted Answer

Mediation does not always precede the filing of a lawsuit. It may be attempted before filing a lawsuit as a way to resolve the dispute without going to court, but it is not required or always successful. In some cases, parties may skip mediation and go straight to filing a lawsuit.

Question 18

In a summary jury trial,there is no time limit placed on the parties as this allows them to practice their arguments.

Accepted Answer

In a summary jury trial, there is a strict time limit placed on the parties, usually ranging from 4-8 hours, to encourage concise and focused arguments.

Question 19

An arbitration hearing must be planned and executed by the court.

Accepted Answer

An arbitration hearing is typically arranged and handled by a third party arbitrator or arbitration organization, rather than the court.

Question 20

A collective science court (CSC)will not succeed unless it has the power to compel the parties to submit to its authority.

Accepted Answer

Without the power to compel parties to submit to its authority, a CSC would lack the necessary enforcement mechanism to make its rulings effective.

Quiz 4: Alternative Dispute Resolution and Cyber-Adr