Alternate Dispute Resolution

Question 1

Alternate Dispute Resolution refers to methods used to ______________ ________________ outside the courtroom.

Answer 1

resolve disputes

Question 2

Alternate Dispute Resolution refers to methods used to resolve disputes outside the courtroom. These methods are designed to be _______ _________ and often more efficient than traditional litigation.

Answer 2

less adversarial

Question 3

_________ __________ _____________ refers to methods used to resolve disputes outside the courtroom. These methods are designed to be less adversarial and often more efficient than traditional litigation.

Answer 3

Alternate Dispute Resolution

Question 4

________________ is a voluntary and informal process where the disputing parties communicate directly or through their representatives to reach a mutually acceptable resolution.

Answer 4

negotiation

Question 5

Negotiation is a ________ and ___________ process where the disputing parties communicate _________ or through their ____________ to reach a mutually acceptable resolution.

Answer 5

voluntary

informal

directly

representatives

Question 6

Negotiation is a voluntary and informal _________ where the ________ ________ communicate directly or through their representatives to reach a ________ _________ ________.

Answer 6

process

disputing parties

mutually acceptable resolution

Question 7

_____________ is when a neutral third party, the mediator, helps the disputing parties communicate and negotiate to reach a mutually acceptable resolution. The mediator does not impose a decision but facilitates the process.

Answer 7

Mediation

Question 8

Mediation is when a neutral _________ _______, the ________ helps the disputing parties communicate and negotiate to reach a mutually acceptable resolution. The mediator does not impose a decision but facilitates the process.

Answer 8

third party

mediator

Question 9

Mediation is when a neutral third party, the mediator helps the __________ ____________ communicate and negotiate to reach a mutually acceptable resolution. The mediator does not impose a _________ but facilitates the process.

Answer 9

disputing parties

decision

Question 10

What is the most common Alternate Dispute Resolution?

Answer 10

Mediation

Question 11

In the United States, _____________ is the most frequently used form of Alternate Dispute Resolution.

Answer 11

Mediation

Question 12

_____________ has gained popularity due to its cost-effectiveness, flexibility, and the ability to preserve relationships between the disputing parties.

Answer 12

Mediation

Question 13

Mediation has gained popularity due to its _______ __________, __________ and the ability to __________ ___________ between the disputing parties.

Answer 13

cost-effectiveness

flexibility

preserve relationships

Question 14

_____________ is when a neutral third party or a panel of arbitrators hears the arguments and evidence presented by both parties and makes a binding or non-binding decision based on the merits of the case.

Answer 14

arbitration

Question 15

Arbitration is when a ___________ third party or a panel of ____________ hears the arguments and evidence presented by both parties and makes a binding or non-binding decision based on the merits of the case.

Answer 15

neutral

arbitrators

Question 16

Arbitration is when a neutral _______ ________ or a _________ of arbitrators hears the arguments and evidence presented by both parties and makes a binding or non-binding decision based on the merits of the case.

Question 17

Arbitration is when a neutral third party or a panel of arbitrators hears the arguments and evidence presented by both parties and makes a ________ or _____________ decision based on the merits of the case.

Answer 17

binding

non-binding

Question 18

______________ is similar to mediation; a conciliator helps the disputing parties reach a mutually agreeable resolution. Conciliation is often used in international disputes and may involve a more formal process than mediation.

Answer 18

Conciliation

Question 19

___________ is similar to ____________; a __________ helps the disputing parties reach a mutually agreeable resolution. _____________ is often used in international disputes and may involve a more formal process than mediation.

Answer 19

Conciliation

mediation

conciliator

Conciliation

Question 20

Conciliation is similar to mediation; a conciliator helps the disputing parties reach a mutually agreeable resolution. Conciliation is often used in _______________ __________________ and may involve a more ___________ process than mediation.

Answer 20

international disputes
formal

Question 21

_______________ ___________ _________ is a neutral evaluator, usually an experienced attorney or retired judge, provides an early, non-binding assessment of the strengths and weaknesses of each party’s case. This helps parties to better understand their positions and may facilitate settlement negotiations.

Answer 21

Early Neutral Evaluation

Question 22

Early Neutral Evaluation is a neutral evaluator, usually an experienced ________ or ________ ________, provides an early, non-binding assessment of the strengths and weaknesses of each party’s case. This helps the parties to better understand their positions and may facilitate settlement negotiations.

Answer 22

attorney

retired judge

Question 23

Early Neutral Evaluation is a neutral evaluator, usually an experienced attorney or retired judge, provides an early, non-binding assessment of the ___________ and ____________ of each party’s case. This helps the parties to better understand their positions and may facilitate settlement negotiations.

Answer 23

strengths and weaknesses

Question 24

_____ _________ is a shortened, informal version of a trial where each party presents its case to a neutral third party or a panel. The panel may provide a non-binding opinion, which may help the parties to negotiate a settlement.

Answer 24

mini-trial

Question 25

Mini-trial is a _________, __________ version of a trial where each party presents its case to a neutral third party or a panel. The panel may provide a non-binding opinion, which may help the parties to negotiate a settlement .

Answer 25

shortened, informal

Question 26

Mini-trial is a shortened, informal version of a trial where each party presents its case to a neutral third party or a panel. The panel may provide ___________ opinion, which may help the parties to ___________ a settlement.

Answer 26

non-binding

negotiate

Question 27

__________ _________ _________ is a non-binding, abbreviated trial that takes place before a jury. The jury provides an advisory verdict, which can inform the parties and help them in reaching a settlement.

Answer 27

Summary Jury Trial

Question 28

Summary Jury Trial is a ___________, __________ trial that takes place before a _________. The jury provides an advisory verdict, which can inform the parties and help them in reaching a settlement.

Answer 28

non binding, abbreviated

jury

Question 29

Summary Jury Trial is a non-binding, abbreviated trial that takes place before a ________. The _________ provides an advisory verdict, which can inform the parties and help them in reaching a settlement.

Answer 29

Jury

jury

Question 30

Summary Jury Trial is a non-binding abbreviated trial that takes place before a jury. The jury provides an _________ ___________, which can inform the parties and help them in reaching a settlement.

Answer 30

advisory verdict

Question 31

_____________ is a hybrid process that combines mediation and arbitration. If parties are unable to reach a resolution through mediation, the mediator may switch roles and become an arbitrator, making a binding or non-binding decision on the dispute.

Answer 31

Med-Arb

Question 32

Med-Arb is a ________ ________ that combines __________ and ____________. If parties are unable to reach a resolution through mediation, the mediator may switch roles and become an arbitrator, making a binding or non-binding decision on the dispute.

Answer 32

hybrid process

mediation and arbitration

Question 33

Med-Arb is a hybrid process that combines mediation and arbitration. If parties are unable to reach a resolution through _________, the _________ may switch roles and become an __________, making a binding or non-binding decision on the dispute.

Answer 33

mediation
mediator
arbitrator

Question 34

___________ _______ is a process in which parties and their attorneys commit to resolving disputes without litigation. The attorneys agree not to represent their clients in court if the collaborative process fails, and the parties work together to reach a mutually acceptable resolution.

Answer 34

collaborative law

Question 35

Collaborative Law is a process in which parties and their attorneys commit to resolving disputes without ____________. The attorneys agree not to represent their clients in court if the collaborative process fails, and the parties work together to reach a mutually acceptable resolution.

Answer 35

litigation.

Question 36

Collaborative law is a process in which parties and their attorneys commit to resolving disputes without litigation. The attorneys agree not to represent their clients in court if the __________ _________ fails, and the parties work together to reach a mutually acceptable resolution.

Answer 36

collaborative process

Question 37

__________ ________ ___________ is when an impartial expert investigates the facts of the dispute and provides a report or opinion, which can help the parties negotiate a resolution or can be used as evidence in a subsequent proceeding.

Answer 37

Neutral Fact Finding

Question 38

Neutral Fact-Finding is when an _________ _________ __________ the facts of the dispute and provides a report or opinion, which can help the parties negotiate a resolution or can be used as evidence in a subsequent proceeding.

Answer 38

impartial expert
investigates

Question 39

Neutral Fact-Finding is when an impartial expert investigates the facts of the dispute and provides a report or opinion, which can help the parties negotiate a resolution or can be used as evidence in a ___________ ___________.

Answer 39

subsequent proceeding

Question 40

___________ ______________ (A/K/A: Rent a Judge) is when a retired judge or an experienced attorney is hired by the disputing parties to conduct a private trial or hearing, with the decision typically being binding.

Follow the rules of procedure and evidence. Arbitration does not follow the rules of procedure and evidence.

Answer 40

Private Judging

Question 41

Private Judging (A/K/A: _______ ____ ________) is when a retired judge or an experienced attorney is hired by the disputing parties to conduct a private trial or hearing, with the decision typically being binding.

Follow the rules of procedure and evidence. Arbitration does not follow the rules of procedure and evidence.

Answer 41

Rent a Judge

Question 42

Private Judging (A/K/A: Rent a Judge) is when a ________ _______ or an experienced __________ is hired by the disputing parties to conduct a private trial or hearing, with the decision typically being binding.

Follow the rules of procedure and evidence. Arbitration does not follow the rules of procedure and evidence.

Answer 42

retired judge

attorney

Question 43

Private Judging (A/K/A: Rent a Judge) is when a retired judge or an experienced attorney is hired by the disputing parties to conduct a private trial or hearing, with the decision typically being __________.

Follow the rules of procedure and evidence. Arbitration does not follow the rules of procedure and evidence.

Answer 43

binding

Question 44

Private Judging (A/K/A: Rent a Judge) is when a retired judge or an experienced attorney is hired by the disputing parties to conduct a private trial or hearing, with the decision typically being binding.

Follow the rules of_________ and _________. Arbitration does not follow the rules of procedure and evidence.

Answer 44

procedure and evidence

Question 45

Private Judging (A/K/A: Rent a Judge) is when a retired judge or an experienced attorney is hired by the disputing parties to conduct a private trial or hearing, with the decision typically being binding.

Follow the rules of procedure and evidence. __________ does not follow the rules of procedure and evidence.

Answer 45

Arbitration