chapter 1

Question 1

what happens in adjudicative ADR?

Answer 1

independent third party reaches impartial decision on dispute

Question 2

why is adjudicative ADR more preferable than litigation?

Answer 2

flexible and more privacy

Question 3

how do parties control the form of ADR process?

Answer 3

set by a contractual agreement between the parties

Question 4

what is covered by the contractual agreement?

Answer 4

form of ADR, person or body to carry it out, material available to third parties, acecess to third party

Question 5

when can ADR be subject to oversight?

Answer 5

when agreed process is not followed and 3rd party decision is tainted

Question 6

how are all forms of ADR conducted?

Answer 6

private and confidential

Question 7

what are the adjudicative options?

Answer 7

arbitration, adjudication, expert determination