Dispute Resolution Flashcards

A client disputes a consultant's fee, and both agree to let a neutral third party hear the evidence and issue a binding decision. Which process is this?

Answer: Arbitration

Arbitration involves a neutral who hears both sides and issues a decision that is typically binding.

Which feature most clearly distinguishes mediation from arbitration?

Answer: The mediator has no authority to impose a decision

A mediator helps the parties reach their own settlement but cannot impose an outcome.

In negotiation theory, what does BATNA stand for?

Answer: Best Alternative to a Negotiated Agreement

BATNA is a party's best fallback option if negotiations fail, and it sets their walk-away point.

A consultant wants to reduce the risk of costly litigation with future clients. Which retainer provision best serves this goal?

Answer: A written clause requiring mediation before any lawsuit

A written pre-litigation mediation clause sets an agreed, lower-cost path for resolving disputes.

Which approach to negotiation focuses on the underlying needs of each party rather than their stated demands?

Answer: Interest-based negotiation

Interest-based negotiation looks for solutions that satisfy the underlying interests behind each side's position.

Within how many days generally must Form I-290B be filed to appeal a USCIS decision to the AAO when the decision is served by mail?

Answer: 33 days

The 30-day filing period is extended by 3 days when the decision is mailed, for a total of 33 days.

A client's complaint against a consultant is settled in mediation. What generally makes the settlement enforceable?

Answer: A written agreement signed by both parties

A signed written settlement agreement is generally enforceable as a contract.