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QUESTION 1Mediation embodies the concept of cooperative negotiating. True FalseQUESTION 2In most states, mediators are required to be licensed attorneys. True FalseQUESTION 3As a way of settling a legal dispute, mediation is a relatively recent phenomenon. True FalseQUESTION 4Mediation occurs after a lawsuit has been filed. True False QUESTION 5A mediator is under an ethical duty to fully disclose and explain the basis of his or her compensation, fees and charges as a mediator to the parties. True FalseQUESTION 6Highly complex cases involving many issues and several parties typically are not very appropriate for mediation. True FalseQUESTION 7Mediation usually occurs after the parties have completed most of the discovery in a lawsuit. True FalseQUESTION 8An arbitration award can be entered as the judgment of a civil court. True FalseQUESTION 9The opening session of a mediation is usually recorded by a court reporter. True FalseQUESTION 10Most states require that a mediator be licensed or certified as a third-party neutral.be licensed or certified as a third-party neutral. True FalseQUESTION 11An arbitrator can make an award based on legal precedence. True FalseQUESTION 12When a dispute arises under a contract containing an arbitration clause, the parties are required to arbitrate rather than use some other forum to resolve the matter. True FalseQUESTION 13A binding award can be reviewed by a civil court judge upon the request of any of the parties. True FalseQUESTION 14Whenever an arbitrator discovers a material conflict, he or she must withdraw from hearing the dispute. True FalseQUESTION 15The length of time that mediation lasts is the most influential factor in whether or not settlement is reached.settlement is reached. True FalseQUESTION 16An arbitrators power comes exclusively from the agreement of the parties. True FalseQUESTION 17Unlike a judge, it is proper for an arbitrator to discuss a case with one party without the other party being present. True FalseQUESTION 18Arbitration is the ADR method used most often to resolve commercial and industrial disputes. True FalseQUESTION 19Which of the following types of ADR result in an ultimate decision by the parties to the dispute rather than a third party?A. MediationB. Summary Jury TrialC. Mini-TrialD. Moderated Settlement ConferenceE. A and C, above F. A, B, C and D, aboveC and D, aboveG. B and D, above QUESTION 20Why are lawsuits difficult to settle early in the dispute rather than on the courthouse steps? Choose the answer that least explains why.A. Early settlement sessions require careful planning and litigators often dont prepare adequately..B. It is hard to prepare for trial and also prepare for settlement at the same time. C. Clients usually want to settle early, but attorneys do not. D. Lawsuits tend to escalate a dispute and make people angry. QUESTION 21Arbitration can be _________ which means the participants must follow the arbitrators decision and courts will enforce it. A. BindingB. NonbindingC. EnforceableD. None of the aboveQUESTION 22A Mini-Trial is:A. VoluntaryB. PrivateC. InformalD. All of the aboveQUESTION 23Although one can conduct a mini-trial without the assistance of a neutral, the process is greatly enhanced by having the neutral present. The neutral may:A. facilitate communication between the parties, only where the dispute is acrimoniousB. provide process assistance in drafting the Mini-Trial AgreementC. not act as facilitator or even mediator during the subsequent negotiationsD. make determinations on disputed discovery onlyQUESTION 24A mediator shall not voluntarily disclose to anyone who is not a party to the mediation any information obtained except:A. non-identifying information for necessary administrative, research, supervisory or educational purposesB. with the consent of the participantC. when required to do so by lawD. all of the abovePurchase the answer to view itPurchase the answer to view it
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