Woolpert Risk Awareness Program - Module 6

Mediation is a form of non-adjudicative dispute resolution.

Good faith discussions should be the first step in resolving a dispute because they allow all parties involved to openly communicate and express their concerns, interests, and perspectives. This promotes understanding and empathy, which are essential for finding common ground and potential solutions. By engaging in good faith discussions, individuals can work towards a mutually beneficial resolution and potentially avoid more adversarial methods such as litigation or confrontation.

The correct answer is "I thru IV". This answer includes all the common danger signals that indicate a dispute may be on the horizon. These signals include the client refusing to accept advice, being unwilling to negotiate fair contractual terms, being unwilling to agree to fair compensation, and not paying invoices. All of these behaviors suggest potential conflicts and disputes between the client and the other party involved.

Avoiding an issue does not increase the chance that the complaining party will eventually tire of pursuing. In fact, avoiding an issue can often escalate the situation and make the complaining party more determined to seek a resolution. Ignoring or avoiding the issue can also lead to further frustration and potentially damage the relationship between the parties involved. It is generally more effective to address and resolve issues promptly and directly to avoid any negative consequences.

The mediator’s goal is to get the parties to settle, regardless of who has a better position.

An arbitration can be held by one arbitrator or a panel of arbitrators.

Arbitration is not a dispute resolution process required by state statute. While arbitration is a common method of resolving disputes, it is typically voluntary and agreed upon by the parties involved. State statutes may provide guidelines or regulations for arbitration, but it is not mandatory. Therefore, the correct answer is false.

The given correct answer is True. This means that Woolpert currently prefers to litigate rather than arbitrate. Litigation refers to the process of resolving disputes through the court system, while arbitration is a method of resolving disputes outside of the court system, usually through a neutral third party. Therefore, Woolpert's current preference for litigation suggests that they are more inclined to resolve their disputes through the court system rather than through arbitration.

Under the rules of the AAA (American Arbitration Association), the AAA does have the authority to select an arbitrator if the parties involved in the dispute are unable to come to an agreement on the selection of an arbitrator. This means that if the parties cannot mutually decide on an arbitrator, the AAA can step in and choose one on their behalf.

Arbitration permits the arbitrators to ask questions of the witnesses. Judges cannot ask questions of the witnesses.

Legal representation is not required for any, although it may be advisable.

Arbitrators are not bound by the customary rules of evidence. It is one of the cons of using arbitration.

Arbitration offers the benefit of confidentiality, as the decision made by the arbitrator is not required to be made public. This means that the records of the arbitration process, including the decision, are not subject to open records laws. This can be advantageous for parties involved in the arbitration who wish to keep the details of the dispute private.

A trial by jury is a right in the American judicial system.

The correct answer is I and V. Being able to litigate a claim allows you to join third parties who may be liable, which can increase the chances of recovering damages. Additionally, the decisions made in litigation can be appealed, providing an opportunity for a higher court to review and potentially overturn the ruling if necessary.

It is harder to vacate an arbitration decision than to appeal a court decision because arbitration decisions are typically final and binding. In arbitration, the parties agree to submit their dispute to a neutral third party, who acts as the arbitrator and makes a decision. This decision is usually enforceable and can only be overturned in limited circumstances, such as fraud or misconduct by the arbitrator. On the other hand, court decisions can often be appealed to higher courts, providing an additional opportunity for review and potential reversal.

The submitted questions are referred to as interrogatories.

A party can lose the right to litigate by agreeing to arbitrate in a contract.

Litigation refers to the process of resolving disputes through a court system. It involves presenting the case in front of a judge or jury, who will make a final decision based on the evidence and arguments presented. Litigation is a formal process that follows specific legal procedures and rules. It provides a structured and regulated way to resolve disputes, ensuring that both parties have an opportunity to present their case and have it decided by an impartial third party. Compared to other options like good faith discussions, mediation, or arbitration, litigation is the most formal and legally binding method of resolving disputes.

Arbitrators in America are not required to follow legal precedent, rules of evidence, or criminal justice procedures. Arbitration is a private dispute resolution process where the parties involved agree to have a neutral third party, the arbitrator, make a binding decision. Unlike judges in a court of law, arbitrators are not bound by legal precedent or formal rules of evidence. They have more flexibility in applying their own judgment and expertise to resolve the dispute. Therefore, the correct answer is "Neither, I, II, or III."

If a dispute makes it through the entire litigation process, it means that all the necessary steps and procedures have been followed, including the presentation of evidence and arguments by both parties. At this stage, the final judgment will indeed be determined by either a bench trial or a jury trial. In a bench trial, the judge alone makes the decision based on the facts and law presented. In a jury trial, a group of impartial individuals listens to the case and makes the final judgment. Therefore, the statement is true.

The correct answer is II. The pros and cons of litigation compared to arbitration are reversed. This means that the advantages and disadvantages of litigation are the opposite of those in arbitration. In litigation, the process is more formal, time-consuming, and expensive, while arbitration is typically quicker, less formal, and more cost-effective.

Venue refers to the location where a court case is heard or decided. It determines the geographic location where legal proceedings take place. The choice of venue is important as it can impact various aspects of the case, such as convenience for the parties involved, access to witnesses, and the application of local laws. Jurisdiction, on the other hand, refers to the authority of a court to hear and decide a case, while choice of law pertains to selecting the applicable laws. Deposition is a pre-trial legal procedure where witnesses provide sworn out-of-court testimonies.

The final judgment is just a binding regardless of whether it was a bench trial or a jury trial.

A motion for summary judgment is a legal request made by one party in a lawsuit to ask the court to rule in their favor without a trial. It can only be filed if there are no genuine issues of material fact in dispute, meaning that there are no disagreements or uncertainties about the key facts of the case. If there are still unresolved issues of fact, then a motion for summary judgment cannot be filed. Therefore, the statement "A motion for summary judgment cannot be filed if issues of fact still exist" is true.