chap005_review

chap005_review - Chapter 5 Alternative Dispute Resolution...

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Chapter 5 - Alternative Dispute Resolution Systems True/False Questions 2. The arbitrator is empowered by the parties to reach a binding decision in a voluntary arbitration. Ans: True Level: Medium Page: 134 3. When parties in a dispute state their respective expectations, they are using a positional bargaining method of negotiations. Ans: True Level: Medium Page: 129 4. Once a law suit is filed, ADR may not be used until the suit has gone to judgment or has been dismissed. Ans: False Level: Medium Page: 131 6. The federal policy favoring arbitration frequently conflicts with state laws favoring litigation as the way to solve a dispute. Ans: True Level: Hard Page: 140 8. The federal system and all state systems, require arbitration hearings to comply with established rules of evidence. Ans: False Level: Hard Page: 141 9. Normally, the decision to submit a dispute to arbitration is irrevocable. Ans: True Level: Hard Page: 134 10. Each state has its own licensing regulations for arbitrators. Ans: False Level: Easy Page: 136 11. Rules related to court annexed mediation are federally mandated. Ans: False Level: Medium Page: 150 12. The arbitrator frames the issues of the hearing to be resolved. Ans: False Level: Hard Page: 139 13. Absent fraud or other inappropriate behavior, arbitration awards in voluntary proceedings are not subject to judicial review on the merits of the decision. Ans: True Level: Medium Page: 144 Reed, The Legal & Regulatory Environment of Business, 14/e 1
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Chapter 5 - Alternative Dispute Resolution Systems 14. From the perspective of judicial review, voluntary arbitration is a more effective alternative to litigation than mandatory arbitration. Ans: True Level: Hard Page: 143 15. The judicial review of an arbitrator's award in a voluntary proceeding is quite restricted and is more limited than the appellate review of a trial court's decision. Ans: True Level: Medium Page: 144 16. An erroneous view of the law by the arbitrator is not binding on parties to arbitration. Ans: False Level: Hard Page: 144 17. The failure of a party to be present at an arbitration hearing constitutes a waiver of the right to reject the award and seek de novo judicial review. Ans: True Level: Hard Page: 145 20. Since one goal of arbitration is to arrive at a settlement and avoid litigation, the statute of limitations for submission is extended to encourage filing for a period longer than what the corresponding statute of limitations would be for filing a lawsuit. Ans: False Level: Hard Page: 133 Multiple Choice Questions 22. Which of the following statements is false: A) Arbitration is historically the most popular ADR method. B)
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chap005_review - Chapter 5 Alternative Dispute Resolution...

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