1. The Federal Arbitration Act... (multiple answers possible)

A. Allows arbitration only in very specific circumstances

B. Favors arbitration

C. is an example of federal preemption

D. Bans arbitration

2. Congress was able to declare theFederal Arbitration Act based on which clauses of the Constitution? (Multiple answer possible)

A. The establishment Clause

B. The necessary and proper clause

C. The commerce clause

D. The supremacy

3. An arbitration award can... (multiple answers possible)

A. Be binding

B. Always be appealed

C. Be nonbinding

D. Create precendent

4. Better Business Inc.has encountered a dispute with one of its suppliers over delivery times. Better Business Inc. values its relationship with the supplier and believes acquiring a new one would be extremely difficult. Additionally, it believes that both parties can come together to reach an agreement without the help of anyone else. What method of ADR would the business and supplier be most likely to use?

A. Negotiation

B. Arbitration

C. Mediation- Arbitration

D. Mediation

5. Which of the following represent actions being taken to lessen unequal bargaining power in arbitration proceedings?

A. The federal Consumer protection financial Bureau attempted to introduce a new rule that would prohibit mandatory arbitration clauses in contracts between consumers and financial companies

B. The FAA has been overturned by 7 states nationwide in an attempt to lessen the hold of mandatory arbitration clauses on consumers

C. The fifth circuit of appeals ruled that sexual assault cases may be brought in court rather than being subjected to mandatory arbitration, despite the contract language requiring mandatory arbitration

D. The Washington supreme court held that state law prohibited the use of mandatory arbitration clauses in insurance contracts

6. If you, a consumer, have a dispute with Target Corporation and enter into ADR, what will you experience? (multiple answers possible)

A. unbalanced negotiating ability

B. A B2C dispute

C. Unequal bargaining power

D. A B2B dispute

7. Which of the following statements about mediation are true?

A. The parties involved in the dispute choose their mediator

B. The mediation decision is binding on the parties

C. Mediators can ensure that parties participate in the mediation process even if the are hesitant

D. Attorneys can be involved in a mediation

8. An employer and employee are in a dispute regarding the company's cell phone policy. The employee loves the company and would like to keep working there. Likewise, the employer highly values the employee who has been a great asset to the company's performance. Although they would both like to come to an agreement on the issue, they find that every time they try to discuss it, things get heated and no solution can be reached. What form of ADR would be fitting for this situation?

A. meditation- arbitration

B. Arbitration

C. Negotiation

D. Mediation

9. Some of the main issues with open-door policies as a form of in-house ADR arethat (Multiple answers possible)

A. Supervisors may not be comfortable with their employees bypassing them to file complaints

B. The lack of structure may result in disputes and issues not being solved efficiently

C. The is lack of anonymity

D. Many employees may not feel comfortable in making a complaint about managers decision

10. Some benefits of mediation as a method of ADR include

A. The imposition of rules on the process by the mediator to keep parties "within bounds" of the process

B. The assurance of an outcome

C. The assurance of a win-win outcome

D. Confidentiality

11. The issue of unequal bargaining power is most pronounced in which form of ADR?

A. Mediation

B. Arbitration

C. Negotiation

D. Mediation- arbitration

12. Several employees are in a dispute with Walmart regarding discrimination in the workplace. Walmart would like to engage in an adversarial form of ADR as it believes it has the stronger case, but does not want the case to go public as it could tarnish the company's image. Which form of ADR would work well for Walmart given these considerations?

A. Private judging

B. Summary jury trial

C. Minitrial

D. Mediation

13. Some benefits of arbitration as a method of ADR include (multiple answers possible)

A. The ability to reach a win-win outcome

B. The quicker time frame and lower cost than litigation

C. The assurance that an outcome will be reached

D. The decreased likelihood on unequal bargaining power

14. arbitrators... (multiple answer possible)

A. Must be certified by the state in which they participate

B. Are neutral decisions makers

C. Cannot be members of the judiciary

D. are experts in the law

15. Which of the following statements regarding mediators are true? (Multiple answers possible)

A. Mediators are often skilled conflict resolution experts

B. Mediators provide advice on the subject matter of the dispute

C. Mediators from every state undergo the same qualification and licensing process

D. Mediators decide an outcome for the parties in the mediation

16. The main concerns regarding mandatory arbitration clauses involve (multiple answers possible)

A. B2B cases

B. Cases between employers and employees

C. Cases between merchants

D. B2C cases

17. Louise has encountered a time-sensitive dispute with her neighbor regarding their property line. She harbors strong animosity against her neighbor and believes she has a stronger case and would therefore like to choose a traditional form of ADR whereshe can "win" and her neighbor can "lose." What form of ADR is most appropriate for this situation?

A. Private judging

B. Litigation

C. Summary jury trial

D. Arbitration