Quiz 5

_____ frame the issues to be resolved and define the scope of an arbitrator's powers.

The disputing parties

When the disputing parties agree to resolve all matters of contention that they can and agree to arbitrate the unresolved matters, they are said to be using an alternative dispute resolution technique known as _____.

Med-Arb

_____ arise when parties already in dispute decide that arbitration is better than litigation.

Postdispute arbitration agreements

_____, one of the seven elements of principled, interest-based negotiations, involve the negotiating parties brainstorming possible solutions to their di

options

The _____ of the U.S. Constitution are often used to set aside state laws that deny arbitration of a certain dispute.

the Commerce Clause and the Supremacy Clause

_____ occurs when a trial judge requires the disputing parties to submit to the mediation process before a complaint can be litigated formally.

_____ occurs when a trial judge requires the disputing parties to submit to the mediation process before a complaint can be litigated formally.

_____, one of the seven elements of principled, interest-based negotiations, are outcomes that are possible without the agreement of the other party in a negotiation.

alternatives

_____ is the technique used in collective-bargaining contracts to settle grievances of employees against their employers.

arbitration

The decision handed down by an arbitrator in a hearing is called a(n) _____

award

In the context of alternative dispute resolution systems, _____ deliberate and make findings that give attorneys insight into possible jury reaction to the evidence in a case.

focus groups

According to Roger Fisher, William Ury, and Bruce Patton, _____ is an element of principled, interest-based negotiations that involves the application of accepted standards to the topic negotiated—rather than having the disputing parties state unsupported propositions.

legitimacy

_____ is the process used to persuade or coerce someone to do what one wants them to do.

negotiation

A negotiation between a seller and a buyer begins with each party stating their respective expectations in a competitive style. The seller starts with as high an asking price as is considered reasonable. Likewise, the buyer begins with the lowest reasonable price. In the context of negotiation methods, this scenario is an example of _____.

positional bargaining

Arbitrators generally are chosen by _____.

the disputing parties

In the absence of a statute, the rights and duties of the disputing parties to a submission for arbitration are described and limited by _____.

the parties' agreement