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 for the process by which a union and an employer agree to submit a dispute to a neutral third party for a binding decision?
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Arbitration
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Mediation
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Fact-finding
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Conciliation
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Correct answer
Explanation
Arbitration is the term for the process by which a union and an employer agree to submit a dispute to a neutral third party for a binding decision. 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 union and an employer agree to submit a dispute to a neutral third party for a non-binding recommendation?
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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 union and an employer agree to submit a dispute to a neutral third party for a non-binding recommendation. 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 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.