ADR Quiz PDF

1. __________ is a method of resolving disputes outside the courtroom, usually less formal, less expensive, and less time-consuming than a trial. (Answer: Alternative Dispute Resolution / ADR) 2. __________ is a process in which a neutral third party helps the disputing parties communica...

1. __________ is a method of resolving disputes outside the courtroom, usually less formal, less expensive, and less time-consuming than a trial. (Answer: Alternative Dispute Resolution / ADR) 2. __________ is a process in which a neutral third party helps the disputing parties communicate and try to reach a mutually acceptable resolution, but the mediator does not make a final decision. (Answer: Mediation) 3. Mediators have the authority to decide the outcome of a dispute. False 4. Mediation confidentiality means parties cannot use statements from mediation in court later. True 5. In __________, a neutral person hears arguments and evidence from both sides and makes a decision, which can be binding or non-binding depending on the agreement. (Answer: Arbitration) 6. Arbitration proceedings are governed by rigid rules of evidence. False 7. What distinguishes binding arbitration from non-binding arbitration? Answer: C a) Binding arbitration allows appeals. b) Non-binding arbitration decisions are final. c) Binding arbitration has no right to a trial. d) Both require jury participation. 8. What must happen before initiating uninsured/underinsured motorist arbitration? Answer: C a) An agreement with the defendant. b) Filing a lawsuit. c) Formal notice to the insurer via certified mail. d) Obtaining a judge’s approval. 9. __________ is the process where parties discuss settlement terms to avoid trial, often beginning with a written demand letter that outlines the facts, injuries, and the amount being sought. (Answer: Negotiation) 10. Negotiation is typically initiated through a demand letter. True 11. What is the purpose of a mandatory settlement conference? Answer: C a) To initiate a trial. b) To reach a binding decision. c) To help parties negotiate a resolution. d) To choose an arbitrator.