LAW ADR -Short Answer / Multiple Choice Test
LAW ADR -Short Answer / Multiple Choice Test
Order DescriptionMultiple Choice: Read the question carefully. Some questions have only one correct answer. Some questions require more than one answer to be selected. Each question is worth 1 point.Short Answer: Answers longer than 250 words will not be accepted for grading. Each answer will be graded out of a maximum of 5 points.A. Multiple Choice1. In which one of these dispute resolution processes do the parties have the greatest control of the outcome:ArbitrationMediationConciliationLitigation2. The NMAS Standards require a mediator to (check all that apply):Respect the confidentiality of the participantsConduct the mediation in an impartial mannerAdhere to ethical standards of practiceRefrain from taking an advisory role in regard to the content of the matter being mediatedNone of the aboveAll of the above3. A negotiation style where the parties’ needs and interests are explored and a range of options are developed to address those needs and interests is described in Prof. Sourdin’s text as:submissivecompromisecollaborative or cooperativecompetitive or positionalavoidance4. The earliest written references to arbitration appeared in:England in the 1600sAustralia in 1904 with the Conciliation and Arbitration Act 1904 (Cth)Greece in the 4th century BCEThe Hague in the 1800s5. NADRAC considered which of the following 3 objectives of ADR to be common for most parties, practitioners, service providers, government and the community:Resolve or limit disputes in an effective and efficient wayReduce government expenditure on courtsProvide fairness in procedureTake justice out of the hands of lawyersAchieve outcomes that are broadly consistent with public and party interestsB. Short Answer1. What are some of the key skills are required of a lawyer to conduct an effective client interview?2. What are some of the practical or legal limits on the confidentiality of the mediation process?
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