SUMMARY: Module 2: ADR

Question 1

Negotiation

Answer 1

informal period of back-and-forth offers between parties (or their attorneys) prior to the beginning of any legal proceedings.

Question 2

What is the method by which many legal disputes are solved simply?

Answer 2

Negotiation

Question 3

Mediation

Answer 3

Negotiation that is facilitated by a trained mediator, who tries to get the parties to collaborate on developing a mutually satisfactory solution.

Question 4

T/F: The mediator will not attempt to issue a decision or impose a solution

Answer 4

T

Question 5

Arbitration

Answer 5

the private equivalent to a trial, in which an arbitrator (usually a retired judge or experienced attorney) will hear evidence from both sides to a dispute and issue a decision

Question 6

Is arbitration always binding?

Answer 6

No - Depending on the type of arbitration, the result may or may not be binding

Question 7

Involuntary arbitration

Answer 7

form of arbitration that’s required by law, either because of statute or court order (for instance, in court cases with an amount of less than $50,000 at issue)

Question 8

____ arbitration results may be appealed to court

Answer 8

Involuntary

Question 9

Mandatory arbitration

Answer 9

arbitration that’s required under the terms of a contract, rather than being able to proceed straight to a lawsuit if a dispute arises concerning that contract

Question 10

____ type of arbitration is usually binding

Answer 10

Mandatory