Law Question – alternative dispute resolution

ADR stands for “alternative dispute resolution”

Question 1 options:

True

False

Question 2 (1 point)
ADR is an alternative to judicial litigation of a dispute

True

False

When did ADR start in the US and other western nations?

Question 3 options:

1990’s

1970’s

1980’s

1960’s

The law school approach to resolving conflict is traditionally based on aggressive advancement of one’s case on behalf of the client.

Question 4 options:

True

False

Interpersonal conflict exists where there is the perceived or actual incompatibility of needs, interests or goals between interdependent people.

Question 5 options:

True

False

a person who stands in the shoes of a disputant in an interpersonal conflict

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a constituent who has enough power to alter the outcome of a conflict

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where the disputants retain the ability to determine the outcome of their conflict

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a person who has a legal and/or ethical obligation to represent the disputant

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a party that has interests, goals or needs affected by the outcome of the process

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the result is left in the hands of a third party

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neutral third party issues a nonbonding opinion

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individuals negotiate in the shoes of the disputant

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a dispute resolution process where mediation occurs first, but arbitration follows if the dispute is not resolved

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a neutral third party facilitates negotiation

1.an agent

2. the advocate

3.a constituent

4.negotiation

5.a stakeholder

6.advocate assisted mediation

7.mediation

8.non-binding evaluation

9.adjudication

10.med-arb

It is enough to understand the conflict and the various ways it may be resolved

Question 7 options:

True

False

Finding the common ground for people, finding the similarities in needs and goals is what leads to the resolution of conflict.

Question 8 options:

True

False

In a conflict, the lack of any thoughtful analysis can itself lead to a decision.

Question 9 options:

True

False

It is vital in the ADR process to get to the root of the conflict.

Question 10 options:

True

False

Order these seven steps professor Coltri suggests form the basis of social behavior:

Question 11 options:

Disputant interprets what they have seen or heard

Disputants choose an option(s)

Disputant receives the stimulus with his or her senses

Existence of one or more social stimulus

Disputants weigh the benefits and costs of each choice

Disputant generates various options depending on their experiences, et

Disputant’s act, creating new stimulus

The first step in establishing a model for conflict diagnosis is to isolate the social behavior that brought the parties into conflict.

Question 12 options:

True

False

It is not important to note the similarities that will bring the parties together in agreement as the differences are what matter.

Question 13 options:

True

False

BATNA means Best Alternative To a Negative Agreement

Question 14 options:

True

False

Referent power exists where behavior of another is influenced due to the ability to punish.

Question 15 options:

True

False

Facilitative mediation exists where the main function of the process is to promote effective negotiating

Question 16 options:

True

False

Mandatory mediation is occurring more frequently within dispute resolution institutions.

Question 17 options:

True

False

Mediations lead to disclosure of private information, unlike litigation.

Question 18 options:

True

False

An arbitrator must ensure they have no conflict of interest and avoid the appearance of conflicts.

Question 19 options:

True

False

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