ADR ADR Evidence & Documentation in Proceedings 2

Question 1

What is 'chain of custody' relevant to in ADR evidence handling?

Accepted Answer

Documenting who possessed and transferred physical evidence to ensure its integrity

Answer

Chain of custody documentation ensures that physical evidence has not been tampered with by recording every person who handled it from collection to presentation.

Question 2

In arbitration, what is a 'protective order'?

Accepted Answer

A directive shielding confidential business information from unnecessary disclosure during discovery

Answer

A protective order in arbitration restricts how sensitive information produced during discovery may be used or shared, protecting trade secrets and confidential data.

Question 3

Which document formally closes an ADR process and records what was agreed?

Accepted Answer

The settlement agreement or consent award

Answer

A settlement agreement (or consent award in arbitration) is the binding written document memorializing the terms the parties have agreed upon to resolve the dispute.

Question 4

What is 'spoliation of evidence' and why is it significant in ADR?

Accepted Answer

The intentional destruction or alteration of evidence relevant to a dispute

Answer

Spoliation occurs when a party destroys or alters relevant evidence, which can lead to adverse inference instructions or sanctions even in arbitration.

Question 5

In a multi-party arbitration, how are exhibits typically managed?

Accepted Answer

Exhibits are jointly numbered and listed in a master exhibit list shared among all parties

Answer

A joint master exhibit list with unified numbering prevents confusion and ensures all parties and the arbitrator reference the same documents by consistent identifiers.

(ADR) Alternative Dispute Resolution Certification Practice Test

(ADR) Alternative Dispute Resolution Certification Practice Test

ADR ADR Evidence & Documentation in Proceedings 2