9/17/13

Question 1

How many mechanisms of alternative dispute resolution are practiced?

Answer 1

4

Question 2

Which mechanisms are most common?

Answer 2

Mediation and arbitration

Question 3

When does mediation become an option?

Answer 3

When negotiation failed and an impasse is reached (parties no longer talk to each other)

Question 4

How does the mediator come into play?

Answer 4

Both parties agreed to call upon the assistance of a mediator

Question 5

What is a mediator?

Answer 5

A neutral third party that has some knowledge in the topic (can be specifically requested or appointed)

Question 6

How does mediation work?

Answer 6

Party A makes an opening statement (their demands etc.), party B does the same: mediator separates groups and engages in diplomacy

Question 7

What happens if mediation fails?

Answer 7

Fact-finding can be appointed (open to public & media); proposal by mediator is not binding

Question 8

What differentiates arbitration from mediation?

Answer 8

Written agreement necessary (either voluntary or statute or contract provision), arbitrator’s decision is final and binding

Question 9

How does arbitration work?

Answer 9

Party A makes statement, party B gets to question & vice versa; arbitrator gets to question, hear witnesses etc.

Question 10

When does the resolution award have to be given?

Answer 10

30-45 days after the hearing

Question 11

What is special about the arbitration award?

Answer 11

Can consider hearsay, can be inconsistent with the law as long as it does not violate the law

Question 12

How can the arbitration award be vacated or set aside?

Answer 12

Winning party has 1 year to get award signed by the court, losing party can ask court to vacate the award, if:

1. Arbitrator exceeded his/her authority or lacked authority
2. Arbitrator was grossly biased
3. Award is so irrational and inconsistent with record and evidence that no reasonable person could have concluded the way the arbitrator did

Question 13

Define interstate commerce!

Answer 13

Interstate commerce is all business/commercial/economic activity among or between States

Question 14

What is the commerce clause?

Answer 14

A very general, broad grant of power given to Congress for the purposes of regulating both interstate and foreign commerce

Question 15

How much control can States exercise on interstate commerce?

Answer 15

Only to the extent that regulations stay on health & safety factors; States can pertain laws as long as they don’t impose an undue burden on interstate commerce.