Chapter 3 Flashcards
(30 cards)
Q1: Which of the following are considered ADR processes other than arbitration?
A) Litigation, facilitation, mediation
B) Negotiation, facilitation, conciliation
C) Adjudication, neutral evaluation, trial
D) Advisory arbitration, sentencing, appeal
Answer: B) Negotiation, facilitation, conciliation
Q2: What is a key characteristic of ADR processes other than arbitration?
A) They are rigid and based strictly on legal precedent
B) They are flexible and focus on problem-solving
C) They are highly adversarial and often damage relationships
D) They impose solutions on the parties without their consent
Answer: B) They are flexible and focus on problem-solving
Why are ADR processes generally preferred over litigation?
A) They involve more complex legal procedures
B) They encourage parties to stick to their positions
C) They save costs and foster amicable solutions
D) They always lead to a legally binding decision
Answer: C) They save costs and foster amicable solutions
Q4: In ADR processes, agreements are reached on a:
A) Mandatory basis
B) Voluntary basis
C) Legally enforced basis
D) Judge-imposed basis
Answer: B) Voluntary basis
Q5: Why are parties more likely to accept the outcome of an ADR process?
A) Because it is enforced by a court order
B) Because they are directly involved as solution-seekers
C) Because the solution is determined by legal precedent
D) Because it is imposed through adjudication
Answer: B) Because they are directly involved as solution-seekers
Q6: What is a disadvantage of adjudication compared to ADR processes?
A) It encourages problem-solving
B) It often relies on case law and precedent, which may not be suitable for the parties
C) It allows for more creative solutions
D) It is based on voluntary participation
Answer: B) It often relies on case law and precedent, which may not be suitable for the parties
Q7: What often happens in an adversarial setting like adjudication?
A) Parties work together to find creative solutions
B) Relationships between parties are preserved
C) Parties stick to their positions and overlook creative solutions
D) Solutions are always beneficial to both parties
Answer: C) Parties stick to their positions and overlook creative solutions
Q8: What is a potential negative outcome of adjudication?
A) The solution is always creative
B) It fosters future cooperation
C) It may create animosity and future conflict
D) It guarantees a mutually agreeable solution
Answer: C) It may create animosity and future conflict
Q9: ADR processes other than arbitration, such as negotiation, facilitation, conciliation, mediation, neutral evaluation, and advisory arbitration, are __________ and aim to find amicable solutions that save litigation costs.
Answer: flexible
Q10: Unlike litigation, ADR processes focus on __________ rather than just the positions of the parties.
Answer: problem-solving
Q11: One advantage of ADR processes is that they are __________, which helps maintain the relationship between the parties.
Answer: less adversarial
Q12: If no agreement is reached in an ADR process, the parties have the option to __________.
✅ Answer: walk away
Q13: In ADR processes, parties are more likely to participate actively and accept the outcome because they are involved as __________.
Answer: solution-seekers
Q14: Adjudication imposes a solution on the parties, often based on __________ and __________, which may not be suitable for them.
✅ Answer: precedent, case law
Q15: Adjudication can create a __________ where relationships deteriorate, leading to future animosity and conflict.
✅ Answer: vicious circle
Multiple Choice Questions (MCQs)
Q1: What is a common disadvantage of ADR processes other than arbitration?
A) They always result in a clear winner and loser
B) They expect a compromise from parties, which may leave all parties unhappy
C) They strictly follow legal precedent
D) They are more expensive than litigation
B) They expect a compromise from parties, which may leave all parties unhappy
Q2: Why might negotiation, facilitation, conciliation, and mediation not be viable in some cases?
A) They require a judge to impose a ruling
B) They rely solely on legal principles rather than party interests
C) A big power imbalance may make one party feel intimidated and vulnerable
D) They are always more expensive than arbitration
✅ Answer: C) A big power imbalance may make one party feel intimidated and vulnerable
Q3: How does arbitration differ from other ADR processes?
A) It is informal and has no final decision
B) The award of the arbitrator is final and binding upon the parties
C) It is less structured than negotiation and mediation
D) It only applies to small disputes
✅ Answer: B) The award of the arbitrator is final and binding upon the parties
Q4: What is a key advantage of arbitration over litigation?
A) It is more flexible than litigation
B) It has stricter formalities and complex procedures
C) It always follows court precedent
D) It is slower than the court process
✅ Answer: A) It is more flexible than litigation
Q5: What is an advantage of choosing arbitration over going to court?
A) The arbitrator is appointed by a judge
B) The arbitration process is always public
C) Parties can choose their own arbitrator, often a knowledgeable professional
D) There is always a long waiting list for arbitration
✅ Answer: C) Parties can choose their own arbitrator, often a knowledgeable professional
Why is arbitration generally faster than litigation?
A) Arbitration cases are automatically assigned to a judge
B) Arbitration does not have a long waiting list like courts, where trial dates take over a year
C) Arbitration follows the exact same process as litigation
D) Arbitration cases are heard only once every two years
✅ Answer: B) Arbitration does not have a long waiting list like courts, where trial dates take over a year
Q7: How does arbitration help protect reputations?
A) Arbitration results are kept confidential, unlike court records which are public documents
B) Arbitration decisions are published in public records
C) Arbitration allows both parties to publicly share their evidence
D) Arbitration ensures all disputes go through formal litigation
✅ Answer: A) Arbitration results are kept confidential, unlike court records which are public documents
Q8: A disadvantage of negotiation, facilitation, conciliation, mediation, neutral evaluation, and advisory arbitration is that they expect a __________ from parties, which may leave all parties unhappy with the outcome.
✅ Answer: compromise
Q9: ADR processes such as negotiation and mediation may not be effective when there is a big __________ imbalance between the parties, making one party feel intimidated and vulnerable.
✅ Answer: power
