BUL 3310 - Chapter 3 Exam Questions and Answers Latest Version 2025 Already Passed
The great advantage of ADR - Answers flexibility
The least formal method of ADR that involves no third parties - Answers negotiation
Negotiation - Answers settle disputes informally, with or without attorneys to represent them
Forms of ADR associated with the negotiation process - Answers mini-trials, early neutral case
evaluation, and facilitation
mini-trial - Answers private proceeding in which each party's attorney briefly argues the party's case
before the other party. Try to reach agreement.
early neutral case evaluation - Answers the parties select a neutral third party to evaluate their
positions, which then forms the bases for negotiation.
facilitation - Answers a third party assists disputing parties in reconciling their differences.
Mediation - Answers a neutral third party acts as a mediator and works with both sides in the dispute to
facilitate a resolution. Assisted negotiation.
Disadvantages of mediation - Answers 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.
Arbitration - Answers 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.
arbitrator - Answers a neutral third part or panel of experts
arbitration clause - Answers included in a contract that specifies that any dispute arising under the
contract will be resolved through arbitration rather than the court system
The Federal Arbitration Act - Answers Enforces arbitration clauses in contracts involving maritime
activity and interstate commerce. It doesn't establish a specific procedure for arbitration.
What does the arbitration process begin with? - Answers Submission
Submission - Answers the act of referring a dispute to an arbitrator. It states the identities of the parties,
the nature of the dispute, the monetary amounts involved, the location at which it will take place, and
the intention of the parties to be bound by the arbitrator's decision.
2nd step of arbitration - Answers hearing
What happens in the hearing? - Answers It is just like a trial where they have opening remarks, present
evidence, call witnesses, etc.
Award - Answers the arbitrator's decision
The great advantage of ADR - Answers flexibility
The least formal method of ADR that involves no third parties - Answers negotiation
Negotiation - Answers settle disputes informally, with or without attorneys to represent them
Forms of ADR associated with the negotiation process - Answers mini-trials, early neutral case
evaluation, and facilitation
mini-trial - Answers private proceeding in which each party's attorney briefly argues the party's case
before the other party. Try to reach agreement.
early neutral case evaluation - Answers the parties select a neutral third party to evaluate their
positions, which then forms the bases for negotiation.
facilitation - Answers a third party assists disputing parties in reconciling their differences.
Mediation - Answers a neutral third party acts as a mediator and works with both sides in the dispute to
facilitate a resolution. Assisted negotiation.
Disadvantages of mediation - Answers 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.
Arbitration - Answers 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.
arbitrator - Answers a neutral third part or panel of experts
arbitration clause - Answers included in a contract that specifies that any dispute arising under the
contract will be resolved through arbitration rather than the court system
The Federal Arbitration Act - Answers Enforces arbitration clauses in contracts involving maritime
activity and interstate commerce. It doesn't establish a specific procedure for arbitration.
What does the arbitration process begin with? - Answers Submission
Submission - Answers the act of referring a dispute to an arbitrator. It states the identities of the parties,
the nature of the dispute, the monetary amounts involved, the location at which it will take place, and
the intention of the parties to be bound by the arbitrator's decision.
2nd step of arbitration - Answers hearing
What happens in the hearing? - Answers It is just like a trial where they have opening remarks, present
evidence, call witnesses, etc.
Award - Answers the arbitrator's decision
