Law Legal Studies
Alternative Dispute Resolution
2,014 Questions
Alternative Dispute Resolution (ADR) encompasses methods like arbitration, mediation, and compromise to resolve legal conflicts outside traditional courts. It emphasizes party autonomy, binding agreements, and specific proceedings for consumer and maritime disputes. ADR is a crucial topic in law studies and appears in various legal competitive examinations.
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Alternative Dispute Resolution Questions
What is the term used to describe the process of negotiating a labor contract between a union and an employer?
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Collective bargaining
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Arbitration
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Mediation
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Conciliation
A
Correct answer
Explanation
Collective bargaining is the process of negotiating a labor contract between a union and an employer.
What is the term used to describe the process of resolving a labor dispute through the intervention of a neutral third party?
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Mediation
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Conciliation
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Arbitration
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Collective bargaining
A
Correct answer
Explanation
Mediation is the process of resolving a labor dispute through the intervention of a neutral third party.
What is the first step in resolving a conflict?
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Identify the problem
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Find a solution
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Communicate with the other party
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Compromise
A
Correct answer
Explanation
The first step in resolving a conflict is to clearly identify and understand the root cause of the disagreement.
Which conflict resolution technique involves finding a solution that partially satisfies both parties?
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Arbitration
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Mediation
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Negotiation
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Compromise
D
Correct answer
Explanation
Compromise is a conflict resolution technique where both parties make concessions to reach a mutually acceptable solution.
What is the role of a mediator in conflict resolution?
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To impose a solution
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To judge the parties involved
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To facilitate communication and negotiation
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To decide who is right and who is wrong
C
Correct answer
Explanation
The role of a mediator is to facilitate communication and negotiation between the parties in conflict, helping them find a mutually acceptable solution.
Which conflict resolution technique involves a neutral third party making a binding decision?
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Arbitration
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Mediation
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Negotiation
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Conciliation
A
Correct answer
Explanation
Arbitration is a conflict resolution technique where a neutral third party (arbitrator) hears both sides of the dispute and makes a legally binding decision.
Which conflict resolution technique involves a structured process of negotiation and discussion between the parties?
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Arbitration
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Mediation
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Negotiation
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Conciliation
C
Correct answer
Explanation
Negotiation is a conflict resolution technique where the parties involved engage in direct communication and discussion to find a mutually acceptable solution.
Which conflict resolution technique involves a neutral third party assisting the parties in reaching an agreement?
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Arbitration
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Mediation
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Negotiation
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Conciliation
B
Correct answer
Explanation
Mediation is a conflict resolution technique where a neutral third party (mediator) facilitates communication and negotiation between the parties, helping them reach an agreement.
Which conflict resolution technique involves a neutral third party making a non-binding recommendation?
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Arbitration
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Mediation
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Negotiation
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Conciliation
D
Correct answer
Explanation
Conciliation is a conflict resolution technique where a neutral third party (conciliator) assists the parties in reaching an agreement, but the recommendation is non-binding.
What is the process by which a union and an employer negotiate a collective bargaining agreement?
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Collective bargaining
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Mediation
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Arbitration
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Fact-finding
A
Correct answer
Explanation
Collective bargaining is the process by which a union and an employer negotiate a collective bargaining agreement. Collective bargaining typically involves a series of meetings between the union and the employer, during which they discuss and negotiate the terms of the agreement.
What is the term for the process by which a union and an employer resolve a dispute over the interpretation or application of a collective bargaining agreement?
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Grievance procedure
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Arbitration
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Mediation
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Fact-finding
A
Correct answer
Explanation
The term for the process by which a union and an employer resolve a dispute over the interpretation or application of a collective bargaining agreement is called the grievance procedure. The grievance procedure typically involves a series of steps, such as filing a grievance, holding a grievance meeting, and, if necessary, submitting the grievance to arbitration.
What is the term for the process by which a neutral third party helps a union and an employer resolve a dispute?
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Mediation
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Arbitration
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Fact-finding
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Conciliation
A
Correct answer
Explanation
Mediation is the term for the process by which a neutral third party helps a union and an employer resolve a dispute. Mediation is a voluntary process, and the mediator does not have the authority to impose a settlement on the parties.
What is the term for the process by which a neutral third party makes a binding decision on a dispute between a union and an employer?
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Arbitration
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Mediation
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Fact-finding
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Conciliation
A
Correct answer
Explanation
Arbitration is the term for the process by which a neutral third party makes a binding decision on a dispute between a union and an employer. Arbitration is a final and binding process, and the parties are required to comply with the arbitrator's decision.
What is the term for the process by which a neutral third party investigates a dispute between a union and an employer and makes recommendations for a settlement?
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Fact-finding
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Mediation
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Arbitration
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Conciliation
A
Correct answer
Explanation
Fact-finding is the term for the process by which a neutral third party investigates a dispute between a union and an employer and makes recommendations for a settlement. Fact-finding is a non-binding process, and the parties are not required to accept the recommendations of the fact-finder.
What is the term for the process by which a union and an employer attempt to resolve a dispute without the assistance of a third party?
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Direct negotiations
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Mediation
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Arbitration
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Fact-finding
A
Correct answer
Explanation
Direct negotiations is the term for the process by which a union and an employer attempt to resolve a dispute without the assistance of a third party. Direct negotiations typically involve a series of meetings between the union and the employer, during which they discuss and negotiate the terms of a settlement.