Mediation embodies the concept of cooperative negotiating.
In most states, mediators are required to be licensed attorneys.
As a way of settling a legal dispute, mediation is a relatively recent phenomenon.
Mediation occurs after a lawsuit has been filed.
A mediator is under an ethical duty to fully disclose and explain the basis of his or her compensation, fees and charges as a mediator to the parties.
Highly complex cases involving many issues and several parties typically are not very appropriate for mediation.
Mediation usually occurs after the parties have completed most of the discovery in a lawsuit.
An arbitration award can be entered as the judgment of a civil court.
The opening session of a mediation is usually recorded by a court reporter.
Most states require that a mediator be licensed or certified as a third-party neutral.be licensed or certified as a third-party neutral.
An arbitrator can make an award based on legal precedence.
When a dispute arises under a contract containing an arbitration clause, the parties are required to arbitrate rather than use some other forum to resolve the matter.
A binding award can be reviewed by a civil court judge upon the request of any of the parties.
Whenever an arbitrator discovers a material conflict, he or she must withdraw from hearing the dispute.
The length of time that mediation lasts is the most influential factor in whether or not settlement is reached.settlement is reached.
An arbitrator’s power comes exclusively from the agreement of the parties.
Unlike a judge, it is proper for an arbitrator to discuss a case with one party without the other party being present.
Arbitration is the ADR method used most often to resolve commercial and industrial disputes.
Which of the following types of ADR result in an ultimate decision by the parties to the dispute rather than a third party?
B. Summary Jury Trial
D. Moderated Settlement Conference
E. A and C, above
F. A, B, C and D, aboveC and D, above
G. B and D, above
Why are lawsuits difficult to settle early in the dispute rather than “on the courthouse steps?” Choose the answer that least explains why.
A. Early settlement sessions require careful planning and litigators often don’t prepare adequately..
B. It is hard to prepare for trial and also prepare for settlement at the same time.
C. Clients usually want to settle early, but attorneys do not.
D. Lawsuits tend to escalate a dispute and make people angry.
Arbitration can be _________ which means the participants must follow the arbitrator’s decision and courts will enforce it.
D. None of the above
A Mini-Trial is:
D. All of the above
Although one can conduct a mini-trial without the assistance of a neutral, the process is greatly enhanced by having the neutral present. The neutral may:
A. facilitate communication between the parties, only where the dispute is acrimonious
B. provide process assistance in drafting the Mini-Trial Agreement
C. not act as facilitator or even mediator during the subsequent negotiations
D. make determinations on disputed discovery only
A mediator shall not voluntarily disclose to anyone who is not a party to the mediation any information obtained except:
A. non-identifying information for necessary administrative, research, supervisory or educational purposes
B. with the consent of the participant
C. when required to do so by law
D. all of the above
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