Litigation and Trial Practice

Janis L. Walter, Roderick D. Blanchard

Chapter 23

ARBITRATION AND MEDIATION - all with Video Answers

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Chapter Questions

Problem 1

Why does an agreement to arbitrate have to meet the requirements of a contract in order to be enforceable?

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Problem 2

If the parties include an arbitration agreement in their contract for the sale of property, is the arbitration agreement enforceable even though the parties did not know at that time what disputes might arise under their sales agreement? Why or why not?

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Problem 3

What value is it to the parties to contract for nonbinding arbitration?

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Problem 4

How does nonbinding arbitration differ from mediation?

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Problem 5

Will a court force two parties to arbitrate if they agree that they do not want to arbitrate their dispute and instead want to have a trial?

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Problem 6

If a dispute arises over the scope of submission in an arbitration agreement, who resolves the dispute?

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Problem 7

How may an arbitration award be enforced against a party who refuses to abide by the award?

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Problem 8

What are the advantages of arbitration over civil litigation?

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Problem 9

What are the advantages of civil litigation over arbitration?

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Problem 10

What are the limitations on a paralegal's involvement in arbitration?

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