Question

Which of the following statements is true of arbitration procedures? Generally, the award resulting from the...

Which of the following statements is true of arbitration procedures?

Generally, the award resulting from the voluntary arbitration procedure is final.

If an arbitrator made erroneous rulings during a hearing, the award can be set aside.

An arbitrator's award is binding on the parties only if there was no error of law on the part of the arbitrator.

Mandatory arbitration is a more effective alternative to litigation than a voluntary arbitration.

All types of arbitration procedures are voluntary and cannot be forced on the disputing parties.

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Goods that are identical are known as a(n) ________.

accession

collateral

lien

gifts

fungible

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An arbitrator's award must ________.

Question 7 options:

define the scope of the arbitrator's powers

set forth the specific credentials of the arbitrator

set forth the findings of fact under any circumstance

be desirable to both the disputing parties to be legally binding and enforceable

give a disclosure of findings and the reasons if an arbitration agreement so requires

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Which of the following statements is true of caucuses in dispute resolution?

Question 8 options:

They involve negotiations between the disputing parties without a mediator and in the presence of their attorneys.

They are synonymous with de novo reviews.

They are illegal because they are considered ex parte communications.

They are sometimes used by mediators to make the mediation processes more productive.

They only occur when mandated by a court order.

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According to subsection (c) of the Federal Arbitration Act, which of the following actions constitutes misconduct on the part of an arbitrator that justifies vacating an arbitration award?

Question 9 options:

Conducting a caucus with a party to the proceedings even if the other party consents to it

Reaching erroneous findings of fact from an evidence

Making erroneous rulings during a hearing

Misunderstanding the law

Accepting gifts from a party during the proceedings

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Answer #1

Answering the first 4 questions as per Chegg Guidelines:

1. Arbitration is the mechanism of ADR in which a third party called the arbitrator, gets involved in the case. He will be required to hear the plea of each side, in a total unbiased manner and decide the verdict. The nature of the verdict may be binding or non-binding, based on the type of arbitration, which was mutually agreed upon by the involved parties. If an arbitrator made erroneous rulings during a hearing, the award can be set aside.

Answer: Option C

2. Goods that are identical are known as fungible. Fungible basically is the feature of products, owing to which a product can be used in place of another.

Answer: Option E

3. An arbitrator’s award must be desirable to both the disputing parties to be legally binding and enforceable. If either of the party is not agreeing to the arbitrator’s decision, it can move to the court for further litigation.

Answer: Option D

4. Under the mechanism of Mediation, there is involvement of a third party, called the mediator in this method, who guides the involved parties to reach a consensus. The mediator tries to establish clear communication lines between the parties under conflict. The terms and conditions of the mediation process is discussed among the parties and fixed on a mutual consensus.

Caucuses is one of the strategy used by mediator to have a deeper understanding about the case. Under this strategy, the mediator conducts a confidential meeting with one of the involved party and have an understanding about their perspective. This helps in making the mediation process more effective.

Answer: Option D

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