Alternative Dispute Resolution Flashcards

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1
Q

ADR is wheee civil disputes are resolved as an alternative to _

A

Civil litigation

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2
Q

ADR in some instances may be _ and in other instances may be _

A

Voluntary

Mandatory

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3
Q

Mandatory alternative dispute resolution is found in many forms of contracts such as _

A

Brokerage contracts

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4
Q

Mandatory alternative dispute resolution is found in many forms of contracts such as (2)

A

Employment contracts

Construction contracts

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5
Q

If you enter brokerage contract with a stock broker contract probably going to contain _

A

Mandatory arbitration clause

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6
Q

Mandatory arbitration clause requires you _ rather than filing suit

A

Arbitrate any dispute

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7
Q

In employment contracts _ is normal

A

Mandatory ADR

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8
Q

In most arbitrations there is one _ who acts as a judge

A

Arbitrator

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9
Q

In some case, there may be more than one arbitrator who act as judge/s to _

A

Decide case

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10
Q

Arbitrators act in all instances without _

A

Jury

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11
Q

Arbitrators normally picked by the _

A

Parties

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12
Q

If parties cannot agree on who arbitrator will be then _

A

Mechanism in arbitration agreement as to how arbitrator will be chosen

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13
Q

ADR is speedier and _

A

Cheaper

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14
Q

Most contracts with _ and architects have arbitration clauses in them

A

General contractors

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15
Q

Individual consumer should be wary of _ provisions in contract

A

Mandatory arbitration

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16
Q

Be wary of mandatory arbitration provisions in contracts because it constitutes a waiver of _

A

Right to jury trial

17
Q

Arbitration is not always _ than court trial

A

Less expensive

18
Q

Most arbitrators are _ who expect to be paid for their time

A

Professionals

19
Q

For multi day arbitration hearings, you could pay _ in arbitration fees

A

Thousands of dollars

20
Q

Pay arbitration fees in addition to paying _

A

Your own attorney’s fee

21
Q

A trial in front of judge, on the other hand, only carries with it _

A

Expense of filing suit at a court house

22
Q

Expense of filing suit at a courthouse in most jurisdictions costs _

A

A couple hundred dollars