What does “Alternative Dispute Resolution” (ADR) primarily refer to?
a) A method of litigation
b) Processes for resolving disputes outside of traditional court proceedings
c) A type of arbitration only
d) A form of mediation only
Which of the following is a common form of ADR?
a) Mediation
b) Grand jury
c) Discovery
d) Summons
What is the primary role of a mediator in the mediation process?
a) To make a binding decision
b) To facilitate communication and negotiation between parties
c) To represent one of the parties in court
d) To investigate the facts of the case
In arbitration, the decision made by the arbitrator is called what?
a) Judgment
b) Award
c) Decree
d) Ruling
Which of the following best describes “negotiation”?
a) A formal court proceeding
b) A process where parties discuss and attempt to reach a mutual agreement
c) A method of filing a lawsuit
d) A technique used in mediation
Which of the following is NOT an advantage of ADR?
a) Lengthy and complicated processes
b) Cost-effectiveness
c) Confidentiality
d) Flexibility in procedures
What is a key difference between mediation and arbitration?
a) Mediation is less formal than arbitration
b) Arbitration results in a binding decision, whereas mediation does not
c) Mediation is always conducted by a lawyer
d) Arbitration is usually cheaper than mediation
In which scenario is arbitration typically preferred?
a) When parties want to maintain full control over the outcome
b) When a binding resolution is required
c) When parties have a strong relationship
d) When disputes are small and easily resolvable
Which of the following is a feature of collaborative law?
a) Parties agree to work together with their lawyers to resolve disputes without going to court
b) The process is completely confidential
c) It involves a neutral third party making decisions
d) It is a form of binding arbitration
What is the primary focus of restorative justice in ADR?
a) Punishment of the offender
b) Repairing harm caused by the crime and restoring relationships
c) Determining guilt or innocence
d) Enforcing legal rights
Which type of ADR involves a neutral third party who has expertise in the subject matter?
a) Mediation
b) Expert determination
c) Negotiation
d) Litigation
What is the main characteristic of “mini-trials” in ADR?
a) They are formal trials with judges
b) They are informal hearings where parties present their cases to a neutral advisor
c) They are binding decisions made by juries
d) They involve the public in the dispute resolution process
Which of the following statements is true regarding the enforceability of arbitration awards?
a) They are not enforceable
b) They can be enforced in court under the Arbitration and Conciliation Act
c) They are automatically enforced without court intervention
d) They can only be enforced in the same jurisdiction where the arbitration took place
In what situation might a court intervene in an ADR process?
a) When both parties agree to it
b) When there is evidence of fraud or coercion
c) When one party is unhappy with the outcome
d) When the ADR process is taking too long
What does “arbitration clause” refer to in a contract?
a) A provision allowing for negotiation
b) A clause specifying that disputes will be resolved through arbitration
c) A section detailing litigation procedures
d) A requirement for mediation before litigation
Which of the following best describes the “traditional litigation” process?
a) A formal, structured legal process involving courts
b) A method of negotiation between parties
c) An informal discussion between disputing parties
d) A process solely for resolving family disputes
In what type of ADR process do parties retain control over the outcome?
a) Arbitration
b) Mediation
c) Litigation
d) Expert determination
What is the primary purpose of an “ombudsman” in ADR?
a) To decide cases in court
b) To investigate complaints and facilitate resolution
c) To provide legal representation
d) To issue binding arbitration awards
Which of the following statements is true about the confidentiality of ADR processes?
a) ADR processes are always public
b) ADR processes typically maintain confidentiality to protect parties’ interests
c) All ADR processes must be documented publicly
d) Confidentiality is only available in arbitration
Which ADR method is most appropriate for complex disputes requiring expert knowledge?
a) Mediation
b) Expert determination
c) Negotiation
d) Conciliation
What does “conciliation” involve in the context of ADR?
a) A binding decision made by a judge
b) A process where a neutral party helps disputing parties reach a voluntary agreement
c) A formal trial procedure
d) A method of litigation
What is the role of the “neutral” in a mediation process?
a) To advocate for one party
b) To facilitate discussion and help parties reach an agreement
c) To make a binding decision
d) To provide legal advice
What is the significance of the “UNCITRAL Model Law” in ADR?
a) It governs civil litigation processes
b) It provides a framework for the fair and efficient resolution of disputes through arbitration
c) It regulates family law matters
d) It is a set of guidelines for mediation only
In ADR, what does “self-determination” refer to?
a) A court’s power to make decisions
b) The right of parties to control the outcome of their dispute
c) The imposition of a solution by a third party
d) The ability to negotiate settlements
What is the primary advantage of mediation compared to litigation?
a) It is typically faster and less expensive
b) It guarantees a win for one party
c) It provides a public record of the dispute
d) It is always binding on the parties
Which of the following statements about the enforceability of mediation agreements is true?
a) They are never enforceable
b) They can be made enforceable by including them in a consent decree or court order
c) They are automatically enforceable by law
d) They can only be enforced in arbitration
In which situation is “med-arb” utilized?
a) When both parties refuse to negotiate
b) When parties start with mediation and move to arbitration if mediation fails
c) When parties wish to litigate instead
d) When an appeal is necessary
Which of the following is a limitation of ADR?
a) Confidentiality
b) Lack of formal discovery processes
c) Flexibility
d) Informality
Which ADR method involves a neutral third party who does not make decisions but suggests options?
a) Mediation
b) Facilitation
c) Arbitration
d) Litigation
What is “binding arbitration”?
a) A type of informal negotiation
b) An arbitration process where the parties agree to abide by the arbitrator’s decision
c) A process for settling disputes in court
d) An option to withdraw from arbitration