Questions And Correct Answers
(Verified Answers) Plus Rationales 2026
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1. What is the primary goal of Alternative Dispute Resolution (ADR)?
A. To ensure punitive damages
B. To eliminate all legal disputes
C. To resolve disputes outside of court
D. To enforce criminal penalties
ADR aims to resolve conflicts efficiently outside of the traditional
courtroom setting.
2. Which of the following is NOT a typical form of ADR?
A. Mediation
B. Prosecution
C. Arbitration
D. Negotiation
Prosecution is a formal legal process, not a method of alternative
dispute resolution.
3. In mediation, the mediator's role is to:
A. Decide the case
B. Facilitate communication between parties
, C. Represent one party
D. Enforce the agreement
Mediators help parties communicate and reach a voluntary
agreement but do not make decisions.
4. Arbitration differs from mediation in that:
A. It is always voluntary
B. The arbitrator makes a binding decision
C. It does not involve neutral third parties
D. It always involves a jury
Arbitrators issue decisions that can be binding or non-binding
depending on the agreement.
5. Which law governs arbitration agreements in California?
A. Federal Mediation Act
B. California Arbitration Act
C. Civil Procedure Act
D. Restatement (Second) of Contracts
The California Arbitration Act governs arbitration procedures and
enforceability in the state.
6. Which of the following is a common benefit of ADR?
A. Guaranteed higher compensation
B. Criminal liability protection
C. Lower costs and faster resolution
D. Public trials
ADR is typically less expensive and faster than litigation.
7. Confidentiality in mediation is protected by:
A. The U.S. Constitution
B. Common law tradition
C. California Evidence Code Section 1119
D. Federal Rule of Procedure
, California Evidence Code Section 1119 ensures mediation
communications are confidential.
8. Which of the following ADR methods is non-adjudicative?
A. Arbitration
B. Court-mandated settlement
C. Negotiation
D. Summary trial
Negotiation does not involve a judge or arbitrator making decisions.
9. A neutral third party who hears evidence and makes a decision is
known as:
A. Mediator
B. Arbitrator
C. Negotiator
D. Advocate
An arbitrator functions similarly to a judge but in a private setting.
10. Mediation is often preferred over litigation because:
A. It is always free
B. It promotes cooperative problem-solving
C. It offers criminal defense options
D. It allows appeals
Mediation encourages collaboration and communication between
disputing parties.
11. Which of the following is true regarding binding arbitration?
A. It is subject to jury review
B. It cannot be enforced
C. It is final and enforceable by courts
D. It must be open to the public
Binding arbitration decisions are enforceable in court, similar to
judgments.