BUL3310 - Chapter 3 Questions and Correct Detailed Answers (Verified Answers)

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BUL3310 - Chapter 3 Questions and Correct
Detailed Answers (Verified Answers)
Question: The great advantage of ADR


Ans: flexibility



Question: The least formal method of ADR that involves no third

parties


Ans: negotiation



Question: Negotiation


Ans: settle disputes informally, with or without attorneys to represent them



Question: Forms of ADR associated with the negotiation process


Ans: mini-trials, early neutral case evaluation, and facilitation



Question: mini-trial


Ans: private proceeding in which each party's attorney briefly argues the party's
case before the other party. Try to reach agreement.



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Question: early neutral case evaluation


Ans: the parties select a neutral third party to evaluate their positions, which
then forms the bases for negotiation.



Question: facilitation


Ans: a third party assists disputing parties in reconciling their differences.



Question: Mediation


Ans: a neutral third party acts as a mediator and works with both sides in the
dispute to facilitate a resolution. Assisted negotiation.



Question: Disadvantages of mediation


Ans: fee, informality and the absence of a 3rd party referee, no threat of
deadline or sanctions if they fail to meet. Can slow the process or cause it to fail.



Question: Arbitration


Ans: more formal method ADR; an arbitrator hears a dispute and imposes a
resolution on the parties. The third party makes a decision for the parties. The
decision may be legally binding.




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