ADR ADR Evidence & Documentation in Proceedings 1

Question 1

In ADR proceedings, what is the primary purpose of a 'brief' submitted by a party?

Accepted Answer

To present the party's factual and legal positions to the neutral

Answer

A brief in ADR proceedings summarizes the party's factual background, legal arguments, and desired outcome for the neutral's review.

Question 2

Which type of evidence is generally NOT admissible in a formal arbitration proceeding?

Accepted Answer

Hearsay evidence excluded by the arbitrator's rules

Answer

While arbitration is more flexible than litigation, arbitrators may exclude hearsay that lacks reliability or relevance under applicable arbitration rules.

Question 3

What is a 'statement of claim' in arbitration?

Accepted Answer

A formal document initiating the arbitration and outlining the claimant's grievances

Answer

The statement of claim is the initiating pleading in arbitration that sets out the nature of the dispute, relevant facts, and the relief sought.

Question 4

In mediation, how are documents and communications typically treated regarding confidentiality?

Accepted Answer

They are protected as confidential and cannot be used in subsequent litigation

Answer

Most U.S. state mediation confidentiality statutes protect documents exchanged and communications made during mediation from disclosure in later proceedings.

Question 5

What is the role of a 'position paper' in ADR?

Accepted Answer

A pre-hearing submission outlining each party's perspective, facts, and desired resolution

Answer

A position paper gives the neutral advance context about each party's view of the dispute, key issues, and settlement goals before the hearing or session begins.

(ADR) Alternative Dispute Resolution Certification Practice Test

(ADR) Alternative Dispute Resolution Certification Practice Test

ADR ADR Evidence & Documentation in Proceedings 1