Question 1

What are the typical steps in the mediation process?

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Question 2

Compare and contrast voluntary and mandatory arbitration.

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Question 3

What is arbitral misconduct? List five instances of arbitrator misconduct that would lead to the vacating of an arbitrator's award.

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Question 4

What functions do experts serve in an arbitration?

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Question 5

What are some of the constitutional challenges to mandatory arbitration?

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Question 6

Discuss the importance of arbitration for labor relations disputes.

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Question 7

How are arbitrators selected and compensated for mandatory arbitration proceedings?

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Question 8

Why would a business choose to settle a dispute with a customer rather than litigate, even if the business is likely to prevail?

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Question 9

What are the four grounds that section 10 of the Federal Arbitration Act provides for vacating an arbitration award?

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Question 10

Discuss Roger Fisher, William Ury, and Bruce Patton's influential book and the seven elements of negotiation presented in it. What is the focus of the book and how do the authors hope to change the focus of negotiation through it?

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Question 11

The Magnuson-Moss Warranty Act provides that if a business adopts an informal dispute resolution system to handle complaints about its product warranties, then a customer cannot sue the manufacturer or seller for breach of warranty without first going through the informal procedures. How does the act benefit the business and the consumer?

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Question 12

What is the role of judicial review in voluntary contract-based arbitration awards?

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Question 13

What potential problems do you see arising as a result of a poorly drafted predispute arbitration clause?

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Question 14

What is a caucus? How is it used in mediation?

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Question 15

What are the benefits and difficulties of choosing a panel of three arbitrators over a single arbitrator?

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Question 16

What impact has the Federal Arbitration Act had on how the courts view arbitration?

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Question 17

Discuss arbitral awards and their relation to the courts.

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Question 18

What are the advantages of using an expert rather than a judge as an arbitrator?

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Question 19

With regard to dispute resolution, what is a focus group and why and when might one be used?

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Quiz 5: Alternative Dispute Resolution