BUL 4421 Gendler FAU Exam Set
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Detailed Answers
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1. Refers to the resolution of legal disputes through methods other than
litigation. Usually is less expensive and less time-consuming that litigation. -
ANSWER
Alternative Dispute Resol...
1. Refers to the resolution of legal disputes through methods other than
litigation. Usually is less expensive and less time-consuming that litigation. -
ANSWER Alternative Dispute Resolution ("ADR")
2. Alternative Dispute Resolution (ADR) includes (7): ....SPAMMEN - ANSWER
1. *S*ummary jury trials
2. *P*rivate trials
3. *A*rbitration
4. *M*ediation
5. *M*ini-trials
6. *E*arly neutral case evaluations
7. *N*egotiation
3. A *bargaining process* in which disputing parties interact informally, either
with or without lawyers, to attempt to resolves their dispute.
2. A neutral third party, such as a judge or jury, is not involved.
3. The parties maintain high levels of autonomy.
4. Adversarial negotiation
,5. Problem-solving - ANSWER Negotiation
4. A negotiation in which each party seeks to *maximize its own gain.* - ANSWER
Adversarial negotiation
5. A negotiation in which the parties seek to *achieve joint gain.* - ANSWER
Problem-solving
6. The disputing parties select a neutral party to help facilitate communication
and suggest ways for the parties to solve their dispute. - ANSWER Mediation
7. 1. Alternative dispute resolution by neutral third party outside of judicial
setting.
2. Voluntary process in that parties typically have a *contractual agreement to
resolve* disputes (only for civil, not criminal). - ANSWER Arbitration
8. Arbitration agreement may stipulate (2): - ANSWER 1. How arbitrator is
*selected*
2. How arbitration is *administered*
9. 1. Similar to a trial
2. Both parties present their case to a neutral third-party
3. Parties may represent themselves or use legal counsel - ANSWER
Arbitration Hearing
,10. 1. Arbitrator typically provides a decision within 30 days of the arbitration
hearing.
2. Arbitrator's decision is called an award, even if no monetary compensation is
awarded. - ANSWER Arbitrator's Award
11. 1. More efficient & less expensive than litigation.
2. Parties have more control over the process.
3. Parties can choose arbitrator with expertise in field concerning dispute.
4. Arbitrator has greater flexibility in decision than judge. - ANSWER
Arbitration Advantages
12. 1. Injustice more likely to occur because appealing an arbitration award is
very difficult.
2. Giving up important right to litigate.
3. The more business use arbitration the more it will become similar to litigation.
4. Disputes are hidden by arbitration process. - ANSWER Arbitration
Disadvantages
14. Provision in contract that mandates disputes arising under contract settled by
arbitration. - ANSWER Binding Arbitration Clause
, 15. Contract providing that specific dispute resolved through arbitration. -
ANSWER Submission Agreement
16. Grounds for rescinding an unconscionable contract. - ANSWER
Unconscionability
17. A term applied to a contract in which one party has so much bargaining
power than the other party that the powerful party dictates the terms of the
agreement and eliminates the other party's free will. - ANSWER
Unconscionable
18. A type of intensive negotiation in which disputing parties select neutral third
party to help: (i) Facilitate communication and (ii) Suggest ways for the parties to
solve their dispute. - ANSWER Mediation
19. If the mediation is successful the parties enter into a ________________
agreement. - ANSWER mediation
20. True or False: If a party breaches (does not perform) the mediation
agreement, the other non-breaching party may seek to enforce settlement. -
ANSWER True
21. 1. Programs where courts encourage or mandate use some of ADR before
bringing dispute to trial.
2. Most popular Court-Annexed ADR is Mediation - ANSWER Court-Annex
ADR
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