Mediation vs Arbitration Quiz
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Questions and Answers

What is the key difference between mediation and arbitration?

  • Mediation is a private hearing, while arbitration involves minimal discovery.
  • Arbitration is court-ordered, while mediation is voluntary.
  • Arbitration takes place before a judge, while mediation does not.
  • Mediation involves a binding decision, while arbitration does not. (correct)

    • What is a primary advantage of arbitration over traditional court proceedings?

  • Arbitration is a slower process compared to court trials.
  • Arbitration is easier to enforce internationally. (correct)
  • Arbitration decisions can be appealed in higher courts.
  • Arbitration involves extensive discovery processes.

    • Which statement accurately describes the role of an arbitration body?

  • Arbitration bodies conduct public hearings with extensive objections allowed.
  • Arbitration bodies make decisions that are non-binding.
  • Arbitration bodies can be overruled by court judges.
  • Arbitration bodies listen to one side of a complaint and decide the outcome. (correct)

    • What is the basis for appeal when a judge incorrectly allows to hear evidence that shouldn't be heard?

    <p>Improper jury instruction</p> Signup and view all the answers

    What is the purpose of a Writ of Garnishment in the context of collection/enforcement of judgment?

    <p>Garnish the defendant's wages to go towards the judgment</p> Signup and view all the answers

    In Alternative Dispute Resolution (ADR), what do parties agree to when signing a settlement agreement?

    <p>To not disclose the terms of the settlement</p> Signup and view all the answers

    What role does a mediator play in mediation as an ADR method?

    <p>Help parties come to a resolution</p> Signup and view all the answers

    What is the purpose of a Motion to Dismiss filed by a defendant?

    <p>To dismiss the case by alleging that the plaintiff's complaint does not state a recognized legal claim</p> Signup and view all the answers

    When must a defendant file an Answer in response to a complaint?

    <p>After service of the complaint</p> Signup and view all the answers

    What can be the basis for making a Motion to Dismiss before a trial?

    <p>Challenging the court's jurisdiction or statute of limitations</p> Signup and view all the answers

    What is the purpose of counterclaims filed with an Answer by a defendant?

    <p>To allege that it was actually the plaintiff, not the defendant, who committed wrongful acts</p> Signup and view all the answers

    Study Notes

    Key Differences Between Mediation and Arbitration

    • Mediation involves a neutral third party facilitating negotiation and communication between disputing parties to reach a mutually acceptable resolution.
    • Arbitration is a process where an arbitrator acts as a private judge, making binding decisions based on evidence and arguments presented by the parties.

    Advantages of Arbitration

    • Arbitration offers a more streamlined, efficient resolution process compared to traditional court proceedings, often resulting in quicker outcomes.

    Role of an Arbitration Body

    • An arbitration body acts as a neutral entity that oversees the arbitration process, ensures fairness, and issues binding decisions based on the evidence presented.

    Basis for Appeal in Judicial Errors

    • A party may appeal if a judge improperly admits evidence that is not relevant or admissible, violating rules of evidence and potentially affecting the outcome.

    Purpose of a Writ of Garnishment

    • A Writ of Garnishment allows a creditor to collect a judgment by legally seizing the debtor's wages or assets held by a third party.

    Settlement Agreement in ADR

    • In Alternative Dispute Resolution, parties agree to a settlement that is intended to be binding, resolving their dispute without further litigation.

    Role of a Mediator

    • A mediator facilitates dialogue and promotes understanding between parties, helping them identify interests and explore options for resolution without imposing decisions.

    Purpose of a Motion to Dismiss

    • A Motion to Dismiss is filed by a defendant to challenge the legal sufficiency of a complaint, arguing that the case should not proceed to trial.

    Timeline for Filing an Answer

    • A defendant must file an Answer within a specified time frame after being served with a complaint, typically within 21 to 30 days depending on jurisdiction.

    Basis for Motion to Dismiss Before Trial

    • A Motion to Dismiss can be based on grounds such as lack of jurisdiction, failure to state a claim upon which relief can be granted, or expiration of the statute of limitations.

    Purpose of Counterclaims

    • Counterclaims allow a defendant to assert their own claims against the plaintiff in response to the original complaint, potentially reducing the plaintiff's power in the case.

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    Description

    Test your knowledge on the differences between mediation and arbitration. Learn about court-ordered mediation, settlement outcomes, and the binding decisions made in arbitration. Explore topics like arbitration clauses and the enforcement of arbitration agreements.

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