Dispute Resolution Flashcards

Which federal law broadly supports the enforceability of written arbitration agreements in contracts involving interstate commerce?

Answer: Federal Arbitration Act

The Federal Arbitration Act makes written arbitration agreements generally valid and enforceable.

A hybrid process in which the parties first try mediation and, if that fails, the same neutral issues a binding decision is called:

Answer: Med-arb

Med-arb combines mediation followed by binding arbitration if no settlement is reached.

A former client seeks a refund of a few hundred dollars for incomplete services. Which forum is usually fastest and least expensive?

Answer: Small claims court

Small claims courts handle low-value civil disputes quickly with simplified procedures.

An applicant's case has been pending with USCIS for an unreasonably long time despite inquiries. Which federal court action can compel the agency to act?

Answer: Writ of mandamus

A mandamus action in federal district court asks the court to order an agency to perform a required duty.

Generally, how long does a noncitizen have to file a petition for review in the federal court of appeals after a final order of removal?

Answer: 30 days

A petition for review must generally be filed within 30 days of the final removal order.

During mediation of a client complaint, the consultant admits a filing error. Under typical mediation rules, this statement is:

Answer: Generally confidential and not admissible in later litigation

Mediation communications are generally confidential to encourage open settlement discussions.

A client threatens to file a complaint over a delayed case. What is the consultant's most appropriate first step?

Answer: Listen, review the file, and explain the status and options in writing

Early, documented communication often resolves complaints before they escalate.