ADR Multiple Choice Questions | Alternative Dispute Resolution Practice Test &
Study Guide 2026
Which of the following best explains the difference between "conflict" and "dispute"?
A. conflict is a perceived clash of interests, and a dispute is an actual clash of interests
B. conflicts are interpersonal. disputes solely arise in court.
C. disputes result from acting upon conflict
D. disputes necessarily involve attorneys. conflicts can involve anyone. - correct answer ✔✔C
How can a general understanding of the theoretical underpinnings of conflict be helpful in
practice?
A. because conflicts are typically very specific, a general theory of conflict is irrelevant
B. conflicts arising in business settings will never be grounded in social process theory
C. understanding the general theory of conflict can help attorneys understand why and how
conflicts form
D. focusing on different theories of conflict exist can precent an attorney from developing a
more nuanced understanding of the dynamics leading to specific disputes - correct answer
✔✔C
What are the three ways in which people experience conflict, according to Bernard Mayer?
A. cognitive, perception, and emotional
B. cognitive, behavioral, and emotional
C. cognitive, behavioral, and action
D. cognitive, emotional, and feeling - correct answer ✔✔B
The dispute pyramid is most useful to show that:
,A. disputes are resolved only in court
B. court filings continue to increase year after year
C. court filings far outweigh the number of grievances
D. far more perceived injuries occur than court filings - correct answer ✔✔D
Adjudicatory and consensual methods differ based on:
A. who will pay for the filing fees
B. the theoretical underpinnings of the conflict
C. the number of attorneys on each side
D. who will determine the outcome of the dispute - correct answer ✔✔D
Which of the following is not a motive for the interest in creating alternatives to traditional
litigation?
A. saving time and money
B. utilizing more open, flexible, and responsive processes that can adapt to participants' needs
C. decreasing community involvement in the dispute resolution process
D. broadening access to "justice" - correct answer ✔✔C
What is the difference between position-based processes and interest-based processes?
A. adjudication is always a position-based process, whereas negotiation is exclusively an
interest-based process
B. adjudication never involved interest-based processes, because it only acknowledges people's
positions, or what someone says she wants or is entitled to have
C. a position-based process tends to have parties asserting positions opposing each other;
interest-based processes include attempts to reconcile the parties' interests by finding a
solution satisfying the underlying interests of both parties
D. mediation and negotiated never involve positions, since they care about resolving the needs
or motives that underlie each parties' position - correct answer ✔✔C
, Which of the following correctly states the distinction between mediation and binding
arbitration?
A. mediation is exclusively interest-based, whereas arbitration is exclusively position-based
B. arbitration involves binding awards, whereas settlement agreements resulting from
mediation are non-binding since they are unenforceable as contracts
C. mediation is informal, whereas arbitration is a formal process that relies on established
precedent
D. the arbitrator is the decision-maker in arbitration, whereas the parties are the decision-
makers in mediation - correct answer ✔✔D
Which of the following disputes is the best candidate for arbitration?
A. plaintiff, a company in business with the defendant, believes the defendant has intentionally
breached the parties' contract related to supplying goods for production. the defendant,
another fortune 500 company, wants to resolve the dispute without public attention
B. a student's family believes that their state's school funding plan discriminates against their
child, and they file suit against the district to force structural change
C. a patent dispute arises, exposing an unestablished and unprecedented question of law for
the court
D. plaintiff, a citizen of NYC, believes a police officer violated her constitutional rights. she wants
to bring public awareness to what she believes is a systemic problem - correct answer ✔✔A
What does the work of an ombudsman typically involve?
A. presiding over mini-trials in cases that would typically be tried before a jury
B. exclusively providing mediation to parties
C. operating exclusively within private institutions
D. receiving complaints and facilitating their resolution - correct answer ✔✔D
Based on his argument in Against Settlement, Owen Fits would most likely agree that:
Study Guide 2026
Which of the following best explains the difference between "conflict" and "dispute"?
A. conflict is a perceived clash of interests, and a dispute is an actual clash of interests
B. conflicts are interpersonal. disputes solely arise in court.
C. disputes result from acting upon conflict
D. disputes necessarily involve attorneys. conflicts can involve anyone. - correct answer ✔✔C
How can a general understanding of the theoretical underpinnings of conflict be helpful in
practice?
A. because conflicts are typically very specific, a general theory of conflict is irrelevant
B. conflicts arising in business settings will never be grounded in social process theory
C. understanding the general theory of conflict can help attorneys understand why and how
conflicts form
D. focusing on different theories of conflict exist can precent an attorney from developing a
more nuanced understanding of the dynamics leading to specific disputes - correct answer
✔✔C
What are the three ways in which people experience conflict, according to Bernard Mayer?
A. cognitive, perception, and emotional
B. cognitive, behavioral, and emotional
C. cognitive, behavioral, and action
D. cognitive, emotional, and feeling - correct answer ✔✔B
The dispute pyramid is most useful to show that:
,A. disputes are resolved only in court
B. court filings continue to increase year after year
C. court filings far outweigh the number of grievances
D. far more perceived injuries occur than court filings - correct answer ✔✔D
Adjudicatory and consensual methods differ based on:
A. who will pay for the filing fees
B. the theoretical underpinnings of the conflict
C. the number of attorneys on each side
D. who will determine the outcome of the dispute - correct answer ✔✔D
Which of the following is not a motive for the interest in creating alternatives to traditional
litigation?
A. saving time and money
B. utilizing more open, flexible, and responsive processes that can adapt to participants' needs
C. decreasing community involvement in the dispute resolution process
D. broadening access to "justice" - correct answer ✔✔C
What is the difference between position-based processes and interest-based processes?
A. adjudication is always a position-based process, whereas negotiation is exclusively an
interest-based process
B. adjudication never involved interest-based processes, because it only acknowledges people's
positions, or what someone says she wants or is entitled to have
C. a position-based process tends to have parties asserting positions opposing each other;
interest-based processes include attempts to reconcile the parties' interests by finding a
solution satisfying the underlying interests of both parties
D. mediation and negotiated never involve positions, since they care about resolving the needs
or motives that underlie each parties' position - correct answer ✔✔C
, Which of the following correctly states the distinction between mediation and binding
arbitration?
A. mediation is exclusively interest-based, whereas arbitration is exclusively position-based
B. arbitration involves binding awards, whereas settlement agreements resulting from
mediation are non-binding since they are unenforceable as contracts
C. mediation is informal, whereas arbitration is a formal process that relies on established
precedent
D. the arbitrator is the decision-maker in arbitration, whereas the parties are the decision-
makers in mediation - correct answer ✔✔D
Which of the following disputes is the best candidate for arbitration?
A. plaintiff, a company in business with the defendant, believes the defendant has intentionally
breached the parties' contract related to supplying goods for production. the defendant,
another fortune 500 company, wants to resolve the dispute without public attention
B. a student's family believes that their state's school funding plan discriminates against their
child, and they file suit against the district to force structural change
C. a patent dispute arises, exposing an unestablished and unprecedented question of law for
the court
D. plaintiff, a citizen of NYC, believes a police officer violated her constitutional rights. she wants
to bring public awareness to what she believes is a systemic problem - correct answer ✔✔A
What does the work of an ombudsman typically involve?
A. presiding over mini-trials in cases that would typically be tried before a jury
B. exclusively providing mediation to parties
C. operating exclusively within private institutions
D. receiving complaints and facilitating their resolution - correct answer ✔✔D
Based on his argument in Against Settlement, Owen Fits would most likely agree that:
