1.Arbitration is :
a. binding upon the parties
b. a form of mediation
c. part of the court system
d. required by the Federal Rules

2.Under what legal theories might a mediator be potentially held liable by the parties to mediation?
a. negligence
b. breach of contract
c. defamation
d. all of the above

3.Some public sector employees are required to arbitrate because
a. They don't have the ability to negotiate
b. They don't have the strike weapon at their disposal  ????
c. Negotiations have been in bad faith
d. They don't have sufficient political power

4.The decision of the arbitrator is called a/an:
a. judgment
d. arbitrage

5.If an arbitrator goes beyond the agreement to arbitrate, and passes judgment on other issues not included in the agreement, the award can be attacked as being:
a. non compos mentis
b. ultra vires
c. in flagrante delicto
d. quantum meruit

6.The summary jury trial exists to
a. give jurors experience before putting them on a real jury
b. give the lawyers an advance assessment of what a jury might do in a given case
c. hear petitions for summary judgment
d. give new judges experience with juries

7.An ombudsman is a neutral individual who:
a. promotes the products of his company
b. assists employees with workplace complaints
c. acts as an advocate for management
d. assists in negotiated rulemaking

8.Provisional relief is sometimes granted to:
a. maintain the status quo pending arbitration
b. change the rules on the merits
c. help an individual affected by the rule change
d. the arbitrator during the proceedings

9.Med-arb is a process where:
a. Medical disputes are arbitrated
b. The same person serves as mediator and arbitrator, sequentially
c. mediation is avoided
d. the government negotiates with the parties before promulgating a ruling

10. A mini-trial is
a. The same as med-arb
b. The same as a summary jury trial
c. A private, voluntary, and structured settlement process in front of a neutral advisor
d. Negotiations with the government regarding the rulemaking process

    • Posted: 5 years ago
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