Question 1

The _____ of the U.S. Constitution is often used to set aside state laws that improperly deny arbitration of certain disputes.
A) Takings Clause
B) Bill of Rights
C) Supremacy Clause
D) Third Amendment
E) Due Process Clause

Accepted Answer

The federal policy favoring arbitration frequently conflicts with state laws favoring litigation as the means to resolve a dispute. The Supreme Court exhibits great deference to arbitration and the authority of the arbitrator.

Question 2

A(n) _____ is a decision that arises when parties already in dispute decide that arbitration is better than litigation.
A) submission
B) motion to compel arbitration
C) injunction
D) arbitrability award
E) postdispute arbitration agreement

Accepted Answer

Postdispute arbitration agreements arise when parties already in dispute decide that arbitration is better than litigation.

Question 3

In the absence of a statute, the rights and duties of the parties to a submission for arbitration are described and limited by:
A) the Constitution.
B) de novo review.
C) class-action certification.
D) arbitrability.
E) the agreement.

Accepted Answer

Parties that have contracted to arbitrate are not required to arbitrate any matters other than those they contractually agree to arbitrate.

Question 4

Often, to provide a dress rehearsal for jury trials, attorneys argue their cases in front of a(n) _____ on the basis of assumed facts, presenting arguments and expected evidence to this mock jury composed of citizens.
A) arbitrator
B) barrister
C) magistrate
D) class
E) focus group

Accepted Answer

The attorneys assemble a group of citizens and present their evidence. This group then deliberates and makes findings. The verdicts often cause plaintiffs to take a more realistic view of the damages to which they think they are entitled.

Question 5

Which of the following is true of the Federal Arbitration Act?
A) It covers any arbitration clause in a contract that involves interstate commerce.
B) It favors litigation over arbitration in cases where an arbitration clause is ambiguous.
C) It nullifies the rights of parties to litigate disputes if an arbitration clause exists.
D) It ensures that arbitration is used only in federal cases, and not in state cases.
E) It guarantees that all arbitration clauses are irrevocable under any circumstances.

Accepted Answer

The FAA covers any arbitration clause in a contract that involves interstate commerce.

Question 6

The decision by an arbitrator is called a(n):
A) submission.
B) award.
C) verdict.
D) judgment.
E) edict.

Accepted Answer

The arbitrator's decision is known as an award. In most states the arbitrator's award must be in writing. The award is valid as long as it settles the entire controversy and states which party is to pay the other a sum of money.

Question 7

In most cases, an arbitrator's award:
A) needs to set forth the legal reasons for the result.
B) needs to set forth the findings of fact.
C) needs to set forth the specific credentials of the arbitrator.
D) needs not set forth any specific facts, law, or reasons.
E) needs to set forth the names of the parties.

Accepted Answer

However, a disclosure of findings and the reasons must be given if the applicable statute, arbitration agreement, or submission so requires.

Question 8

Which of the following is true of arbitration?
A) Arbitration is more expensive and time-consuming than litigation.
B) Arbitrators' decisions are rarely binding on the parties.
C) Arbitrators must be licensed pursuant to the American Arbitration Association.
D) An arbitrator is always a neutral third party.
E) Arbitrators must be licensed and trained to assume the role.

Accepted Answer

The arbitrator should be disinterested in any financial impact of the decision and neutral regarding the issues presented in the dispute. There are no licensing requirements an arbitrator must satisfy. However, an arbitrator often is chosen from a list of qualified arbitrators provided by the arbitration service.

Question 9

Which of the following is true of arbitration?
A) The record of proceedings is available to the press and others.
B) The decisions arising from arbitration are binding on the parties.
C) Arbitration cannot be imposed on the disputing parties.
D) The parties themselves resolve all the matters of contention, without the intervention of a third party.
E) The arbitrator need not be a disinterested party.

Accepted Answer

Arbitrators are authorized to make decisions that are binding on the parties, thereby resolving the dispute.

Question 10

According to Roger Fisher, William Ury, and Bruce Patton, the element of interest-based negotiation that instructs parties to brainstorm possible solutions to the dispute is referred to as:
A) options.
B) collaboration.
C) puzzle-solving.
D) preparatory positioning.
E) legitimacy.

Accepted Answer

The parties should brainstorm possible options or solutions to their dispute. This exploration process is best done with the parties agreeing that an option mentioned is not necessarily a proposal for compromise.

Question 11

Which of the following distinguishes mandatory arbitration from voluntary arbitration?
A) The right of the dissatisfied party to reject the award
B) The dollar amount involved
C) Whether or not an attorney is required
D) The quality of the arbitrators
E) Whether there will be one or three arbitrators

Accepted Answer

Courts throughout the United States have uniformly upheld mandatory arbitration statutory schemes as against the constitutional challenges previously mentioned where a dissatisfied party can reject the arbitrator's award and seek a de novo judicial review of that award.

Question 12

Which of the following is true of the use of ADR techniques?
A) ADR techniques are ineffective once the pretrial process has begun.
B) Disputing parties must begin a lawsuit to use any form of ADR.
C) Disputing parties cannot use an ADR technique not specified in the original agreement.
D) Disputing parties can agree to use an ADR technique after the dispute arises.
E) Litigation precludes the use of ADR techniques for dispute resolution.

Accepted Answer

Disputing parties may agree to use an ADR technique after the dispute arises even if they did not foresee the possibility of needing to use a dispute resolution system at the time of their original agreement.

Question 13

The act of referring a matter to arbitration is called:
A) a submission.
B) a summons.
C) appealing.
D) de novo review.
E) collective bargaining.

Accepted Answer

The act of referring a matter to arbitration is called submission. Submission to arbitration often occurs when the disputing parties agree to use this form of ADR.

Question 14

According to Roger Fisher, William Ury, and Bruce Patton, _____ is the element of interest-based negotiation that involves the application of accepted standards to the topic negotiated-rather than having the parties state unsupported propositions.
A) options.
B) collaboration.
C) puzzle-solving.
D) preparatory positioning.
E) legitimacy.

Accepted Answer

Legitimacy involves the application of accepted standards to the topic negotiated-rather than having the parties state unsupported propositions.

Question 15

Contract-based arbitration is considered to be:
A) voluntary because both parties have willingly agreed to participate.
B) unconstitutional in most states because it limits redress of grievances.
C) coercive because it provides an unfair advantage to the party originating the contract.
D) restrictive and undesirable because of expense and time considerations.
E) legally impractical because these agreements are too difficult to reach in early contract negotiations.

Accepted Answer

In essence, the contracting parties show good judgment in understanding conflicts exist, conflicts give rise to disputes, and disputes are better resolved through arbitration rather than by litigating.

Question 16

According to Roger Fisher, William Ury, and Bruce Patton, in principled negotiation, _____ are outcomes that are possible without the agreement of the other party.
A) commitments
B) alternatives
C) options
D) interests
E) relationships

Accepted Answer

Alternatives are outcomes that are possible without the agreement of the other party. In essence, alternatives are the thing that parties to a negotiation can do away from the bargaining table.

Question 17

A(n) _____ will be enforced by the courts as if it were a judgment of the courts.
A) award
B) submission
C) appeal
D) pleading
E) caucus

Accepted Answer

An arbitrator's award is final on all issues submitted, and it will be enforced by the courts as if it were a judgment of the court.

Question 18

Who frames the issues to be resolved in arbitration?
A) The arbitrator
B) The judge
C) The parties to the dispute
D) The Supreme Court
E) The National Federation of Arbitrators

Accepted Answer

The parties themselves, by virtue of the submission, frame the issues to be resolved and define the scope of the arbitrator's powers.

Question 19

When a losing party in an arbitration proceeding makes allegations of bias against an arbitrator, the allegations:
A) automatically nullify the panel's opinion.
B) normally do not impact the results of arbitration.
C) result in a judge overturning the opinion.
D) normally remove that arbitrator's opinion from the results of the arbitration.
E) set off a new round of litigation.

Accepted Answer

It is not surprising that when this procedure is used, allegations of bias are often made by the losing party. Courts generally do not allow such allegations to form a basis for overturning a panel's award unless there is evidence of overt corruption or misconduct in the arbitration proceedings.

Question 20

Arbitrators are typically chosen by:
A) the U.S. Supreme Court.
B) fiat.
C) the disputing parties.
D) Federal Rules of Civil Procedure.
E) mediators.

Accepted Answer

A provision in the agreement to arbitrate or in the statute that requires the arbitration describes how the arbitrator is selected.

Quiz 5: Alternative Dispute Resolution

The _____ of the U.S. Constitution is often used to set aside state laws that improperly deny arbitration of certain disputes.

A(n) _____ is a decision that arises when parties already in dispute decide that arbitration is better than litigation.

In the absence of a statute, the rights and duties of the parties to a submission for arbitration are described and limited by:

Often, to provide a dress rehearsal for jury trials, attorneys argue their cases in front of a(n) _____ on the basis of assumed facts, presenting arguments and expected evidence to this mock jury composed of citizens.

Which of the following is true of the Federal Arbitration Act?

The decision by an arbitrator is called a(n) :

In most cases, an arbitrator's award:

Which of the following is true of arbitration?

Which of the following is true of arbitration?

According to Roger Fisher, William Ury, and Bruce Patton, the element of interest-based negotiation that instructs parties to brainstorm possible solutions to the dispute is referred to as:

Which of the following distinguishes mandatory arbitration from voluntary arbitration?

Which of the following is true of the use of ADR techniques?

The act of referring a matter to arbitration is called:

According to Roger Fisher, William Ury, and Bruce Patton, _____ is the element of interest-based negotiation that involves the application of accepted standards to the topic negotiated-rather than having the parties state unsupported propositions.

Contract-based arbitration is considered to be:

According to Roger Fisher, William Ury, and Bruce Patton, in principled negotiation, _____ are outcomes that are possible without the agreement of the other party.

A(n) _____ will be enforced by the courts as if it were a judgment of the courts.

Who frames the issues to be resolved in arbitration?

When a losing party in an arbitration proceeding makes allegations of bias against an arbitrator, the allegations:

Arbitrators are typically chosen by: