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Questions and Answers
Which form of alternative dispute resolution involves an impartial third party assisting the parties in settling their dispute?
Which form of alternative dispute resolution involves an impartial third party assisting the parties in settling their dispute?
What is the main purpose of negotiation in alternative dispute resolution?
What is the main purpose of negotiation in alternative dispute resolution?
In conciliation, the conciliator may make formal recommendations for settlement or issue what?
In conciliation, the conciliator may make formal recommendations for settlement or issue what?
What is the key role of an impartial third party in mediation?
What is the key role of an impartial third party in mediation?
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What is the distinguishing factor between mediation and arbitration in alternative dispute resolution?
What is the distinguishing factor between mediation and arbitration in alternative dispute resolution?
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True or false: Negotiation is a form of alternative dispute resolution where a third party assists the parties in settling their dispute?
True or false: Negotiation is a form of alternative dispute resolution where a third party assists the parties in settling their dispute?
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True or false: Mediation and conciliation are essentially the same, with the only difference being that conciliators may make formal recommendations for settlement or issue certifications?
True or false: Mediation and conciliation are essentially the same, with the only difference being that conciliators may make formal recommendations for settlement or issue certifications?
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True or false: Alternative dispute resolution refers to a variety of methods that are used to resolve conflicts outside of traditional court litigation?
True or false: Alternative dispute resolution refers to a variety of methods that are used to resolve conflicts outside of traditional court litigation?
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True or false: The main purpose of negotiation in alternative dispute resolution is to reach an agreement when both parties have some shared and opposed interests?
True or false: The main purpose of negotiation in alternative dispute resolution is to reach an agreement when both parties have some shared and opposed interests?
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True or false: Recognizing and explaining ethics problems arising in the context of dispute resolution is not a learning objective of this study unit?
True or false: Recognizing and explaining ethics problems arising in the context of dispute resolution is not a learning objective of this study unit?
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Study Notes
Alternative Dispute Resolution (ADR) Overview
- Impartial third-party assistance in dispute resolution is characteristic of mediation.
- Negotiation aims to facilitate communication and reach an agreement satisfying both parties' interests.
- In conciliation, the conciliator may issue formal recommendations for settlement or provide certifications.
Key Roles in Mediation and Conciliation
- The mediator's key role is to facilitate dialogue between parties, aiding them in finding a mutually acceptable resolution.
- Mediation distinguishes itself from arbitration through its non-binding nature, as arbitration results in a legally binding decision made by the arbitrator.
True/False Statements
- False: Negotiation does not involve a third party; it is a direct interaction between the disputing parties.
- True: Mediation and conciliation are similar, with the principal difference being that conciliators can provide formal recommendations or certifications.
- True: ADR encompasses various methods to resolve disputes outside traditional court litigation.
- True: The negotiation process strives to identify shared and opposing interests to achieve a balanced agreement.
- False: Recognizing and addressing ethics issues related to dispute resolution is a key learning objective of this study unit.
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Description
Test your knowledge of alternative dispute resolution and negotiation techniques in this quiz. Identify different forms of ADR, discuss their merits, and learn how to prepare for a negotiation. Challenge yourself to avoid common mistakes in resolving legal disputes.
