Dispute Resolution Flashcards

In immigration court, a motion to reopen generally must be filed within how many days of the final administrative order?

Answer: 90 days

A motion to reopen before EOIR is generally due within 90 days of the final order, subject to exceptions.

In immigration court, a motion to reconsider generally must be filed within how many days of the final order?

Answer: 30 days

A motion to reconsider before EOIR is generally due within 30 days of the final order.

A person was harmed by someone falsely claiming to be able to represent them in immigration matters ('notario fraud'). Which agency accepts consumer fraud complaints nationwide?

Answer: The Federal Trade Commission

The FTC collects consumer fraud complaints, including immigration services scams.

Which type of negotiation treats the dispute as a fixed pie where one party's gain is the other's loss?

Answer: Distributive negotiation

Distributive negotiation divides a fixed amount of value between the parties.

A consultant has a personal relationship with one party in a dispute they are asked to mediate. What should the consultant do?

Answer: Disclose the conflict and decline or obtain informed consent from all parties

Mediator neutrality requires disclosing conflicts of interest and withdrawing unless all parties consent.

Which statement about arbitration awards is generally accurate?

Answer: Courts may vacate them only on narrow grounds such as fraud or arbitrator misconduct

Judicial review of arbitration awards is very limited, focusing on grounds like fraud, corruption, or misconduct.

A client and consultant disagree over whether a refund is owed. Which step is most consistent with good dispute-resolution practice before escalating?

Answer: Following the complaint and refund procedure stated in the written service agreement

Following the agreed contractual procedure is the proper first step and shows good faith.