Theories of Dispute Resolution: Master the Fundamentals for Effective Conflict Resolution

Question 1

Which of the following is a defining characteristic of the adversarial approach to dispute resolution?

Accepted Answer

Active participation of the parties in presenting their arguments.

Answer

Passive role of the judge, allowing parties full control over proceedings.

Answer

Focus on finding a mutually acceptable compromise.

Answer

Independent investigation of facts by the judge.

Question 2

Select the primary strength associated with the inquisitorial approach to dispute resolution:

Accepted Answer

Comprehensive investigation of case facts.

Answer

Superior efficiency compared to the adversarial approach.

Answer

Enhanced fairness and justice in outcomes.

Answer

Greater respect for the rights of the parties.

Question 3

Which principle forms the foundation of all theories of dispute resolution?

Accepted Answer

Encompassing all of the above principles.

Answer

Opportunity for parties to express their views.

Answer

Achievement of fair and just outcomes.

Answer

Efficient and cost-effective processes.

Question 4

Which element characterizes the adversarial approach to dispute resolution?

Accepted Answer

Attorney advocacy

Answer

Neutral third-party adjudication

Answer

Collaborative problem-solving

Answer

Inquisitorial investigation

Question 5

Which skill is paramount for effective mediation?

Accepted Answer

Combination of all three

Answer

Attentive listening

Answer

Problem-solving proficiency

Answer

Negotiation expertise

Question 6

Which principle underpins the inquisitorial approach to dispute resolution?

Accepted Answer

Adjudicator-led investigation of dispute facts

Answer

Absence of party-presented evidence

Answer

Non-binding nature of evidentiary rules

Answer

Public proceedings

Question 7

Which dispute resolution approach involves an impartial third party who investigates the dispute and issues a legally enforceable decision?

Accepted Answer

Inquisitorial

Answer

Adversarial

Answer

Consensual

Question 8

Which principle is central to consensual dispute resolution methods?

Accepted Answer

Self-determination

Answer

Judicial authority

Answer

Adversarial proceedings

Question 9

Which dispute resolution approach is typically recommended for parties with an ongoing relationship?

Accepted Answer

Consensual

Answer

Adversarial

Answer

Inquisitorial

Question 10

Which characteristic is associated with the inquisitorial approach to dispute resolution?

Accepted Answer

Active participation of the judge

Answer

Emphasis on party presentations

Answer

Cross-examination of witnesses by attorneys

Question 11

In an inquisitorial system, the judge plays a more __ role in the proceedings than in an adversarial system.

Accepted Answer

Active

Answer

Passive

Question 12

Which of the following is a defining characteristic of the adversarial system of dispute resolution?

Accepted Answer

Primary emphasis on fact-finding through rigorous examination of evidence and cross-examination of witnesses

Answer

Active role of the judge in guiding the proceedings and questioning witnesses

Answer

Focus on reaching a consensus between the parties involved

Answer

Primary reliance on written submissions and legal arguments

Question 13

The 'problem-solving approach' to dispute resolution is particularly suitable for which type of disputes?

Accepted Answer

Complex and multi-faceted disputes

Answer

Disputes with a clear right and wrong

Answer

Disputes involving highly emotional parties

Answer

Disputes with a short statute of limitations

Question 14

The 'interest-based negotiation' approach emphasizes which of the following?

Accepted Answer

Identifying the underlying interests of each party

Answer

Focusing on the positions taken by each party

Answer

Making concessions to reach a compromise

Answer

Using threats and pressure tactics

Question 15

Which of the following is NOT a characteristic of the inquisitorial approach to dispute resolution?

Accepted Answer

Emphasis on party autonomy and control of the process

Answer

Focus on achieving a just outcome

Answer

Active role of the judge in gathering evidence

Question 16

A dispute resolution process where a neutral third party facilitates a negotiation between disputing parties, focusing on their needs and interests to reach a mutually agreeable solution, exemplifies which theory of dispute resolution?

Accepted Answer

Consensual

Answer

Adversarial

Answer

Inquisitorial

Question 17

In a conflict resolution process, a neutral third party assists disputing parties in identifying the underlying causes of their dispute, exploring their perspectives, and developing a solution that addresses the needs of both parties. This approach aligns most closely with which theory of dispute resolution?

Accepted Answer

Transformative

Answer

Adversarial

Answer

Restorative

Answer

Inquisitorial

Question 18

Within the adversarial system, what best describes the role of the judge?

Accepted Answer

To act as a neutral arbiter, ensuring fair procedures and applying the law to the evidence presented by the parties.

Answer

To actively investigate the facts and gather evidence.

Question 19

In a commercial contract dispute, what is a key advantage of choosing arbitration over traditional litigation?

Accepted Answer

Arbitration offers greater flexibility and confidentiality compared to court proceedings.

Answer

Arbitration decisions are always binding and cannot be appealed.

Answer

Arbitration is always less expensive than litigation.

Question 20

In a dispute over a lease agreement, a neutral third party listens to the concerns of both parties, helps them identify areas of common ground, and suggests possible solutions. This third party is most likely acting as a:

Accepted Answer

Mediator

Answer

Judge

Answer

Arbitrator

Answer

Conciliator

Question 21

A dispute resolution process involving open communication, collaboration, and the search for creative solutions that benefit both parties is most closely aligned with which theory of dispute resolution?

Accepted Answer

Collaborative Law

Answer

Inquisitorial

Answer

Restorative Justice

Answer

Adversarial

Question 22

A dispute resolution process where disputing parties share their stories, express their emotions, and work towards a resolution that addresses their needs and promotes healing is best described as:

Accepted Answer

Narrative Mediation

Answer

Adversarial Dispute Resolution

Answer

Arbitration