1.
a court can set aside an award in the following situations: the award was the result of corruption, fraud or undue means, the arbitrator was biased or corrupt, the arbitrator refused to postpone the hearing for a sufficient case or refused to hear evidence that was relevant, and the arbitrator exceeded his/her powers or failed to use to them to make a mutual, final or definite award.
2.
a court must EXPLICITLY enforce: arbitration, not infer
3.
a hearing in mediation is similar to that of: formal litigation
4.
Alternative Dispute Resolution: any procedure or device for resolving disputes outside the traditional judicial process
5.
arbitration: more formal method of adr where a neutral third party renders a legally binding decision
6.
assisted negotiation: involves a mini trial that shows each side how a court would likely solve an issue and helps parties in determining whether they should negotiate or take it to court
7.
choice of law: the parties may choose to have the laws of a specific state govern their agreement
8.
compulsory arbitration: have been a source for litigation especially in consumer services contracts
9.
conflicts of law: Supremacy and Commerce clauses of the US Constitution give federal law preeminence
10.
Courts are not involved in arbitration unless: an arbitration clause in a contract needs enforcement
11.
courts do not look at the: merits of an arbitration decision
12.
early neutral case evaluation: parties select a neutral third party (generally an expert) to evaluate their respective positions
13.
Even if a lawsuit is initiated, parties can ________ at any time of litigation: negotiate
14.
facilitation: friendly, non-adversarial manner in which a third party assists disputing parties in reconciling their differences
15.
facilitators help: schedule negotiation sessions, carry offers back and forth between parties if they refuse to face each other in direct negotiations
16.
Federal Arbitration Act does NOT establish: a set arbitration procedure
17.
for profit organizations are for those who: wish to settle their disputes quickly
18.
Lhotka v Geographic Expeditions: Geo-Ex's arbitration clause was denied because it was so one sided
19.
mediation is often used in disputes relating to: employment law, environmental law, product liability, and franchises
20.
more than ____ of civil lawsuits are setled using some form of ADR: 90%
21.
NCR corp v Korala Associates: A mandatory employment arbitration clause is generally enforceable
22.
negotiations: informal, with or without attorneys, and no third party
23.
non profit organizations for abritriation: AAA, BBB
24.
one of the oldest forms of ADR: mediation
25.
Parties can agree to have the decision of the arbitration confirmed in: federal court
26.
parties decide on whether a arbitrators decision is: legally binding or non-binding
27.
Role of courts in arbitration is: limited
28.
submission: case is referred to an arbitrator
29.
successful negotiation involves: thorough preparation
30.
Summary Jury Trials: mock trial that occurs in a court room before a judge and jury
31.
technically, facilitators are not to...: recommend solutions to parties
32.
The arbitration process: submission, the hearing, the award
33.
the arbitrator must render the award within ____ days of the closing arguments: 30
34.
the arbitrators fact findings and legal procedures are normally: final
35.
the goal of negotiations: "the meeting of the minds"
36.
the only issue when a court looks at an arbitration award is: whether the reward is valid
37.
the role of the arbitrator in involuntary and voluntary arbitration are...: the same
38.
the submission must be: in writing, and submitted within 6 months of dispute
39.
today more courts offer or require: mediation rather than arbitration
40.
waiver: a party sometimes forfeits the right to challenge an award by failing to object to the defect in a timely manner
