Questionary Chapter 4:
Managing Disputes: Alternative Disputes Resolution and
Litigation Strategies
1. What is an alternative dispute resolution?
a) It has features of both mediation and arbitration. The parties first try to
resolve their disputes through mediation.
b) Parties may have their case heard before someone with judicial experience
without waiting for the slower process of public justice
c) Typically denotes a wide range of dispute resolution processes and
techniques that act as a means for disagreeing parties to come to an
agreement short of litigation: a collective term for the ways that parties can
settle disputes, with the help of a third party.
d) A neutral third party serves as a judge who is responsible for resolving the
dispute.
2. A neutral third party serves as a judge who is responsible for resolving
the dispute.
a) Arbitration
b) Mediation
c) Minitrial
d) Rent a Judge
3. What is Mediation?
a) A neutral third party serves as a judge who is responsible for resolving the
dispute.
b) The goal of mediation is for a neutral third party to help disputants come to a
consensus on their own.
c) It has features of both mediation and arbitration. The parties first try to
resolve their disputes through mediation.
d) It is statutorily defined and is an agreed-upon process by the parties
4. It has features of both mediation and arbitration. The parties first try to
resolve their disputes through mediation.
a) Rent a Judge
b) Mediation
c) Minitrial
d) Med-arb
5. What is the process of a Minitrial?
a) It is conducted under an agreement of the parties. Each party and counsel
for the party present the position of the party, either before selected
representatives for each party or before an impartial third party, to define the
issues and develop a basis for realistic settlement negotiations.
b) Parties may have their case heard before someone with judicial experience
without waiting for the slower process of public justice
e) Typically denotes a wide range of dispute resolution processes and
techniques that act as a means for disagreeing parties to come to an
agreement short of litigation: a collective term for the ways that parties can
settle disputes, with the help of a third party.
f) A neutral third party serves as a judge who is responsible for resolving the
dispute.
6. Parties may have their case heard before someone with judicial
experience without waiting for the slower process of public justice.
a) Rent a Judge
b) Mediation
c) Minitrial
d) Med-arb
7. What is a Summary Jury Trial?
a) It is conducted under an agreement of the parties. Each party and counsel
for the party present the position of the party, either before selected
representatives for each party or before an impartial third party, to define the
issues and develop a basis for realistic settlement negotiations.
b) Parties may have their case heard before someone with judicial experience
without waiting for the slower process of public justice
c) The parties are given the opportunity to present summaries of their evidence
to a judge and jurors. The jurors then give an advisory verdict to start the
settlement process. If the parties are unable to agree on a settlement, a
formal trial proceeds
d) A neutral third party serves as a judge who is responsible for resolving the
dispute.
8. It requires another attorney to meet with the parties, receive an
assessment of the case by both sides, and then provide an evaluation
of the merits of the case.
a) Med-arb
b) Early Neutral Evaluation
c) Minitrial
d) Peer Review
9. It is generally conducted within three weeks of demand, is a review by
cow workers of the action taken against an employee (demotion,
termination, discipline).
a) Med-arb
b) Early Neutral Evaluation
c) Minitrial
d) Peer Review
10. What is The International Chamber of Commerce (ICC)?
a) The statements in the numbered paragraphs are called “allegations”,
because they haven’t yet been agreed or proved to be true.
b) It is a private organization that handles arbitration cases from parties in 139
countries.
c) It is a civil law court action where a person or company (the claimant) claims
damages against another person or company (the defendant).
d) It is a document that identifies the parties involved, sets out the legal basis
for the court's jurisdiction over the controversy, states the plaintiff's legal
claims, and relates the facts giving rise to the claims.
11. Since when Arbitration has been used in the international business
arena?
a) Since 1919
b) Since 1921
c) Since 1932
d) Since 1922
12. How does a Lawsuit start?
a) The statements in the numbered paragraphs are called “allegations”,
because they haven’t yet been agreed or proved to be true.
b) It is a private organization that handles arbitration cases from parties in 139
countries.
c) It is a civil law court action where a person or company (the claimant) claims
damages against another person or company (the defendant).
d) It is a document that identifies the parties involved, sets out the legal basis
for the court's jurisdiction over the controversy, states the plaintiff's legal
claims, and relates the facts giving rise to the claims
13. What is a Complain Petition?
a) The statements in the numbered paragraphs are called “allegations”,
because they haven’t yet been agreed or proved to be true.
b) It is a private organization that handles arbitration cases from parties in 139
countries.
c) It is a civil law court action where a person or company (the claimant) claims
damages against another person or company (the defendant).
d) It is a document that identifies the parties involved, sets out the legal basis
for the court's jurisdiction over the controversy, states the plaintiff's legal
claims, and relates the facts giving rise to the claims.
14. How is arranged the Complain Petition?
a) By numbered paragraphs.
b) By mediation.
c) By Arbitration
d) By a minitrial
15. What are allegations?
a) The statements in the numbered paragraphs are called “allegations”,
because they haven’t yet been agreed or proved to be true.
b) It is a private organization that handles arbitration cases from parties in 139
countries.
c) It is a civil law court action where a person or company (the claimant) claims
damages against another person or company (the defendant).
d) It is a document that identifies the parties involved, sets out the legal basis
for the court's jurisdiction over the controversy, states the plaintiff's legal
claims, and relates the facts giving rise to the claims.