A) Arbitration is used in employment, medical malpractice cases, environmental disputes, commercial contract disputes, and insurance liability claims.
B) Arbitration is used in medical malpractice cases, environmental disputes, and commercial contract disputes, but not in insurance liability claim disputes because those claims are governed strictly by state regulatory law.
C) Arbitration is used in environmental disputes, commercial contract disputes, and insurance liability claim disputes, but not in medical malpractice cases because those cases are governed strictly by state statutory law and also state common law on negligence.
D) Arbitration is used in medical malpractice cases, environmental disputes, and insurance liability claim disputes, but not in commercial contract disputes because those disputes are governed by the UCC.
E) Arbitration is used in medical malpractice cases, commercial contract disputes, and insurance liability claim disputes, but not in environmental disputes because those disputes are governed strictly by federal law.
G) C) and D)
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Under the 1998 Alternative Dispute Resol...View Answer
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A) Yes, once a lawsuit is initiated, she cannot engage in mediation.
B) No, many courts have mediation programs.
C) No, every court will mandate mediation after a lawsuit is filed.
D) Yes, it is a waste of money to file a lawsuit before mediation.
E) No, the Federal Arbitration Act mandates that mediation must occur.
G) A) and C)
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A) It is up to each of the parties. They may have legal counsel or they may not.
B) Parties may not have legal counsel.
C) Parties may have legal counsel if they had legal counsel in mediation proceedings. Otherwise, legal counsel may not be used.
D) Individuals may have legal counsel, but corporations may not.
E) Corporations may have legal counsel, but individuals may not.
G) B) and C)
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B) False
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A) There is no Uniform Mediation Act because of the controversy involved in attempting to negotiate such an act.
B) It provides for a mediation privilege but does not specifically require that mediators identify conflicts of interest, and all states have adopted it.
C) It does not provide for a mediation privilege but does specifically require that mediators identify conflicts of interest, and all states have adopted it.
D) It provides for a mediation privilege but does not specifically require that mediators identify conflicts of interest, and less than half the states have adopted it.
E) It provides for a mediation privilege, mediators are required to identify any conflicts of interest, and less than half the states have adopted it.
G) A) and C)
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A) Contracts between merchants
B) Contracts between corporations
C) Contracts between businesses and their vendors
D) Consumer and employment contracts
E) Courts never strike down arbitration clauses as unconscionable
G) A) and D)
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A) If the parties do not like the outcome of the arbitrator's award.
B) If the award resulted from fraud, corruption or the arbitrator misbehaved in a way that prejudiced the rights of the parties.
C) If the courts do not like the arbitrator that the parties picked.
D) If the arbitrator was a lawyer and not a judge.
E) If the arbitrator was a judge and not a lawyer.
G) A) and E)
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A) Open door policy
B) Facilitation
C) Management review
D) Peer review
E) Mandatory mediation
G) A) and C)
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