Legal Ch. 5 T/F
The court mandates an enforcement mechanism that ensures the disputing parties will mediate in good faith.
False
The judicial review of an arbitrator's award in a voluntary arbitration procedure is quite restricted and is more limited than the appellate review of a trial court's decision.
True
To avoid the various expenses of litigation, disputing parties can agree to have a third party decide the merits of their dispute.
True
A party involved in arbitration can withdraw from the arbitration process and resort to litigation if the members of that party think the process is not going well.
False
A primary function of arbitration is to serve as a prelude to litigation.
False
After a hearing is conducted by an arbitrator or arbitrators, the submission to arbitration occurs.
False
An arbitrator must satisfy the licensing requirements put forth by the American Arbitration Association.
False
Each state has its own licensing regulations for arbitrators.
False
In the context of negotiating styles, collaborating is the hardest to demonstrate even though it is a common response in a negotiation.
False
Individual states are not limited by the constitution when they make laws that deny arbitration of certain disputes.
False
It is mandatory to have a panel of three arbitrators to decide on any dispute case.
False
Judicial review of voluntary/contract-based arbitration requires a de novo review of the interpretation and application of the law by the arbitrators.
False
Litigation precludes the use of alternative dispute resolution techniques.
False
Most businesses use litigation as the primary means to resolve disputes.
False
Most state statutes authorizing voluntary arbitration accept an agreement to arbitrate even if it is oral in form.
False
Positional bargaining is an approach based on principled, interest-based negotiations.
False
Rules related to court-annexed mediation are federally mandated.
False
The disputing parties in arbitration can choose an arbitrator only from a list of qualified arbitrators provided by the arbitration service regardless of any agreement made prior to the selection of arbitrators.
False
The federal system and all state systems require arbitration hearings to be conducted according to the established rules of evidence.
False
The issues submitted to arbitration in any state cannot include questions of law.
False
When negotiating, the chances of a negotiated settlement through positional bargaining are high because positional bargaining focuses on the underlying conflicts.
False
A court assumes arbitration was intended unless it can say with positive assurance that the arbitration clause was not intended to include the particular dispute.
True
A dispute arises when one party makes a claim that another party denies.
True
A mediator cannot impose a binding solution on the disputing parties.
True
An arbitrator's erroneous view of the law, no matter how egregious, is always binding because the disputing parties have agreed to accept their arbitrator's view of the law.
True
Arbitration enables the disputing parties to avoid the formalities of a courtroom.
True
Concentrating on the seven elements of interest-based negotiation proposed by Roger Fisher, William Ury, and Bruce Patton can help remove some of the barriers created by positional negotiation.
True
Courts throughout the United States have uniformly upheld mandatory arbitration statutory schemes as against the constitutional challenges where a dissatisfied party can reject an arbitrator's award and seek a de novo judicial review of that award.
True
Focus groups give attorneys insight into possible jury reaction to evidence and point up weaknesses in a case.
True
From the perspective of judicial review, voluntary arbitration is a more effective alternative to litigation than mandatory arbitration.
True
Generally, an agreement to submit an issue to arbitration is irrevocable.
True
Generally, an arbitrator's award does not need to set forth conclusions of law or the reasons for an award.
True
The important role and positive perception of arbitration among businesses today probably would not exist without the Federal Arbitration Act.
True
If an arbitrator undertakes an independent investigation into a material matter after the close of hearings without notice to the disputing parties, such an action constitutes misconduct on the part of the arbitrator.
True
In mandatory arbitration, an award is an intermediate step in resolving a dispute if the trial itself is desired by a party.
True
In mediation, the disputing parties retain full control over the resolution (or lack thereof) of their controversy.
True
Juries often decide close questions of liability, as well as size of the verdict, against business organizations.
True
Rita files a case against her husband involving the custody of their child. This is an example of a case that is subject to court-annexed mediation.
True
Statutorily mandated arbitration requires a higher level of judicial review of an award than voluntary arbitration.
True
The fact that the losing party in a lawsuit usually also has to pay court costs is an added incentive to settlement without litigation.
True
The failure of a party to be present at an arbitration constitutes a waiver of the right to reject the arbitration award and seek de novo judicial review.
True
