Rodolfo has recently been hired as a legal assistant for an attorney specializing in family law.

Rodolfo has recently been hired as a legal assistant for an attorney specializing in family law. The attorney is an advocate of alternative dispute resolution, and his practice is based on the belief that most family law cases can be resolved without the expense and time of litigation. Rodolfo is looking forward to learning about the various forms of ADR.

1. Rodolfo’s supervising attorney assigns him a case involving a client who has filed for a divorce from his wife. The attorney has asked Rodolfo to draft a memorandum to explain to the client what his options are should he choose to use alternative dispute mediation. Which of the following statements about ADR is not correct?

  a. One of the advantages of ADR is that it is flexible, allowing the parties to control how the dispute will be settled and what procedures will be used.  

  b. During pretrial negotiation, the parties and their attorneys can meet to see if a mutually satisfactory agreement can be reached before committing to the time and expense of a trial.  

  c. ADR is an efficient way to gauge the opposing party’s objectives, because many settlement options can be discussed but none will be legally binding.  

  d. When parties choose to participate in mediation, the mediator will emphasize points of agreement and propose solutions.  

2. Rodolfo is meeting a paralegal friend for lunch. The friend works for a large corporate firm and knows very little about the field of alternative dispute resolution. Rodolfo’s friend asks him whether ADR is enforced by the courts. Which of the following would be an accurate response to this question?

  a. Actually, only one or two states have statutes under which arbitration clauses will be enforced.  

  b. The Federal Arbitration Act enforces arbitration clauses in contracts involving interstate commerce.  

  c. The Federal Arbitration Act enforces arbitration in disputes involving public employees.  

  d. All of these choices  

3. Rodolfo’s supervising attorney has asked Rodolfo to hold an informational meeting with a client who is starting the arbitration process. Rodolfo is to describe the process and give the client a sense of what to expect. Rodolfo starts out by describing the various steps in the arbitration process. Which of the following best describes these steps?

  a. Submission agreement, the hearing, and the award  

  b. Mediation, arbitration, and the award  

  c. Negotiation, mediation, and arbitration  

  d. Prearbitration meeting with the judge, arbitration, and the award  

4. Rodolfo’s firm would like to expand its presence on the web. Rodolfo is given the task of assessing websites of other providers of ADR services in order to differentiate the firm from its competitors. Which service providers will Rodolfo need to research?

  a. Legal aid offices and pro bono firms  

  b. AAA, as well as for-profit firms  

  c. Courts providing SJTs  

  d. All of these choices  

5. Rodolfo is strongly interested in becoming a mediator, and he is also considering pursuing a law degree. He is familiar with the particulars of law school and the bar examination, but he wants to determine what qualifications he would need to pursue a career as a mediator. When he researches that subject, what will he learn?

  a. After he graduates from law school, Rodolfo will be qualified to sit for the state ADR examination; if he passes the ADR exam, he will be a certified mediator.  

  b. A mediator does not need to be a lawyer, so Rodolfo can pursue this field by acquiring the appropriate training and expertise.  

  c. If Rodolfo wants to become a mediator, he needs to practice first as a negotiator.  

  d. None of these choices  

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