Question 1

Most often the mediator goes back and forth between the two parties and listens to their concerns and tries to find a way for each to get what he or she wants from the situation. This is known as _____.
A) piggybacking
B) skimming
C) social engineering
D) shuttle diplomacy

Accepted Answer

Most often the mediator engages in a type of "shuttle diplomacy" wherein the mediator goes back and forth between the two parties and listens to their concerns and tries to find a way for each to get what he or she wants from the situation.

Question 2

Apex Corporation has a disagreement over the terms of an agreement with the national distributor of their product. Apex Corporation and the distributor talk to each other about their dispute, in an effort to reach a resolution of the conflict without involving intermediation by a disinterested third party. This is an example of _____.
A) conciliation
B) mediation
C) mock trial
D) arbitration

Accepted Answer

Conciliation simply involves the parties talking to each other about their dispute, either orally or in writing, in an effort to reach a resolution of the conflict. Conciliation does not involve intermediation by a disinterested third party.

Question 3

_____ is the most useful alternative dispute resolution method when the parties wish to maintain an ongoing relationship but simply need help resolving the present conflict.
A) Mediation
B) Conciliation
C) Litigation
D) Coalition

Accepted Answer

Mediation is most useful when the parties wish to maintain an ongoing relationship but simply need help resolving the present conflict. Mediation brings an outsider into the conflict for the first time. The purpose of the third party is for the outsider to try to facilitate the parties' reaching a resolution on their own.

Question 4

Because of its flexibility, the alternative dispute resolution system is also called _____ dispute resolution system.
A) universal
B) special
C) parallel
D) appropriate

Accepted Answer

Because of its flexibility, some have come to call ADR "appropriate dispute resolution."

Question 5

Which of the following statements is true regarding the alternative dispute resolution (ADR) mechanism?
A) Usually it is more expensive than litigation.
B) ADR outcomes are crafted by the parties.
C) Very few disputes are resolved by the ADR mechanism.
D) Usually it is more time consuming than litigation.

Accepted Answer

Litigations are costly and time-consuming as compared to the ADR mechanism. An overwhelming majority of disputes are resolved without resort to costly court trials. ADR outcomes are crafted by the parties.

Question 6

In union negotiations, often the parties become so angry with each other, perceiving the other side to be recalcitrant and unwilling to be open to effective discussion of a given point, that it is more productive to allow a disinterested third party to go back and forth between the parties, speaking to each, to get them to focus on the real issues and reach an agreement. This is an example of _____.
A) conciliation
B) mediation
C) mock trial
D) arbitration

Accepted Answer

This is an example of mediation. Mediation brings an outsider into the conflict for the first time. The purpose of the third party is for the outsider to try to facilitate the parties' reaching a resolution on their own.

Question 7

Agreements the EEOC (Equal Employment Opportunity Commission) makes with employers locally, regionally, or nationally, under which the employer has an identified contact point with EEOC for scheduling the mediation of claims filed by employees with EEOC are known as _____.
A) Universal Agreements to Litigate
B) General Agreements for Claim Resolution
C) Universal Agreements to Mediate
D) General Agreements for Equal Employment Opportunity Universal Agreements to Mediate (UAMs), are agreements the EEOC makes with employers locally, regionally, or nationally, under which the employer has an identified contact point with EEOC for scheduling the mediation of claims filed by employees with EEOC.

Accepted Answer

The correct term for agreements the EEOC makes with employers locally, regionally, or nationally, under which the employer has an identified contact point with EEOC for scheduling the mediation of claims filed by employees with EEOC is Universal Agreements to Mediate (UAMs).

Question 8

Under the statutory scheme of Title VII of the Civil Rights Act of 1964 and its administrative regulations, by law the parties must first attempt to _____ claims of employment discrimination before proceeding further.
A) mediate
B) conciliate
C) arbitrate
D) use minitrials for

Accepted Answer

Under the statutory scheme of Title VII of the Civil Rights Act of 1964 and its administrative regulations, by law the parties must first attempt to conciliate claims of employment discrimination before proceeding further.

Question 9

Which of the following statements is true regarding an ADR program attached to the court?
A) It increases court docket congestion.
B) It lightens the court's caseload.
C) It increases wait for court dates for litigants.
D) It increases the cost of dispute resolution.

Accepted Answer

In an attempt to lighten their caseloads, relieve court docket congestion, decrease the wait for court dates for litigants, decrease the cost of dispute resolution, and to reserve the courts only for those matters which actually need court disposition, some courts have instituted some form of an ADR program attached to the court itself.

Question 10

Conciliation is also known as _____.
A) mediation
B) arbitration
C) negotiation
D) mitigation

Accepted Answer

Conciliation is also known as negotiation.

Question 11

Which of the following is an ADR mechanism that involves the intervention of a disinterested third party into a dispute and the third party can impose a decision, much like a judge does?
A) Conciliation
B) Mediation
C) Arbitration
D) Litigation

Accepted Answer

In arbitration, the role of the third party is to listen to the concerns and evidence of both parties and impose a decision, much like a judge does.

Question 12

Arbitration was primarily utilized:
A) for baseball disputes.
B) by unions.
C) for international trade disputes.
D) by public limited companies.

Accepted Answer

Arbitration was primarily utilized by unions and later the securities industry.

Question 13

_____ allow EEOC, to hold off on proceeding with the claim filed by the employee with EEOC and instead refer it back to the employer for handling by the employer's own internal EEOC approved mediation program.
A) Referral Back programs
B) Universal Agreements to Mediate
C) Federal Mediation and Conciliation Services
D) The Federal Arbitration Act

Accepted Answer

Referral Back programs allow EEOC, with the permission of the employee filing the claim with EEOC, to hold off on proceeding with the claim filed by the employee with EEOC and instead refer it back to the employer for handling by the employer's own internal EEOC approved mediation program.

Question 14

The very first thing a party with a conflict should do is to attempt _____ with the other party to the dispute.
A) conciliation
B) arbitration
C) summary jury trial
D) mediation

Accepted Answer

The very first thing a party with a conflict should do is to attempt conciliation, also called negotiation, with the other party to the dispute.

Question 15

After mediation, the next most frequent ADR mechanism is _____.
A) shuttle diplomacy
B) litigation
C) conciliation
D) arbitration

Accepted Answer

After mediation, the next most frequent ADR mechanism is arbitration. If mediation between the parties is not satisfactory to the parties in terms of resolving the dispute, they may then proceed to arbitration.

Question 16

Which of the following statements is true regarding conciliation?
A) It is also known as mediation.
B) It is the easiest and the cheapest ADR method.
C) It is the last ADR method a party with a conflict should attempt and it is generally used just before litigation.
D) If conciliation doesn't work, the next logical step after conciliation is arbitration.

Accepted Answer

The very first thing a party with a conflict should do is to attempt conciliation, also called negotiation, with the other party to the dispute. It is the easiest, cheapest thing to do. If conciliation does not work, the parties can move on to the next logical step, mediation.

Question 17

The ADR mechanism is:
A) pursued after litigation.
B) very expensive.
C) very flexible.
D) time-consuming.

Accepted Answer

ADR is very flexible and the mechanisms need not be used in any particular order, though they tend to lend themselves to a natural logic.

Question 18

Which of the following methods of dispute resolutions can be considered as the easiest and the cheapest?
A) Arbitration
B) Summary jury trial
C) Mediation
D) Conciliation

Accepted Answer

The very first thing a party with a conflict should do is to attempt conciliation, also called negotiation, with the other party to the dispute. It is the easiest, cheapest thing to do, and if it is successful, nothing else need be done and the conflict ends at this point.

Question 19

You have conflict with a friend and a common friend of both of you talks to each of you separately and tries to get you to see the other's side of things or to look at things a different way in order to resolve the conflict. It is most likely to be an example of _____.
A) arbitration
B) conciliation
C) mediation
D) summary jury trial

Accepted Answer

This is an example of mediation. Mediation brings an outsider into the conflict for the first time. The purpose of the third party is for the outsider to try to facilitate the parties' reaching a resolution on their own.

Question 20

If conciliation doesn't work, the next logical step after conciliation is _____.
A) arbitration
B) summary jury trial
C) mediation
D) minitrial

Accepted Answer

The next logical step after conciliation is mediation.

Quiz 2: Alternative Dispute Resolution

Most often the mediator goes back and forth between the two parties and listens to their concerns and tries to find a way for each to get what he or she wants from the situation. This is known as _____.

_____ is the most useful alternative dispute resolution method when the parties wish to maintain an ongoing relationship but simply need help resolving the present conflict.

Because of its flexibility, the alternative dispute resolution system is also called _____ dispute resolution system.

Which of the following statements is true regarding the alternative dispute resolution (ADR) mechanism?

Agreements the EEOC (Equal Employment Opportunity Commission) makes with employers locally, regionally, or nationally, under which the employer has an identified contact point with EEOC for scheduling the mediation of claims filed by employees with EEOC are known as _____.

Under the statutory scheme of Title VII of the Civil Rights Act of 1964 and its administrative regulations, by law the parties must first attempt to _____ claims of employment discrimination before proceeding further.

Which of the following statements is true regarding an ADR program attached to the court?

Conciliation is also known as _____.

Which of the following is an ADR mechanism that involves the intervention of a disinterested third party into a dispute and the third party can impose a decision, much like a judge does?

Arbitration was primarily utilized:

_____ allow EEOC, to hold off on proceeding with the claim filed by the employee with EEOC and instead refer it back to the employer for handling by the employer's own internal EEOC approved mediation program.

The very first thing a party with a conflict should do is to attempt _____ with the other party to the dispute.

After mediation, the next most frequent ADR mechanism is _____.

Which of the following statements is true regarding conciliation?

The ADR mechanism is:

Which of the following methods of dispute resolutions can be considered as the easiest and the cheapest?

You have conflict with a friend and a common friend of both of you talks to each of you separately and tries to get you to see the other's side of things or to look at things a different way in order to resolve the conflict. It is most likely to be an example of _____.

If conciliation doesn't work, the next logical step after conciliation is _____.