Arbitration and Mediation in Human Resources, Exams of Health sciences

Download Arbitration and Mediation in Human Resources and more Exams Health sciences in PDF only on Docsity! MHA 702 CH 21 – Questions And Answers (Graded A+) ____ is a legal alternative to litigation (alternative conflict resolution); may be voluntary or specified in a contract ✔ Ans - arbritration Parties in a dispute present their positions to a neutral third party fort resolution, also known as a ✔ Ans - arbitrator results of arbitrations can be ✔ Ans - binding or non binding with binding arbitration, the decision of an aribitrator can be converted into a ✔ Ans - legal judgement purpose of arbitration is to ✔ Ans - reach a discussion mediation purpose is to ✔ Ans - reach a compromise the advantages of arbitration is that it ✔ Ans - permits all participating parties and the arbitrator to observe any damage or other problems for themselves - particularly useful in determining fault arbitrators are not bound by ✔ Ans - legal precedent arbitration saves time, is flexible, and usually ✔ Ans - less costly than trial arbitration can usually be conducted in a___ so others will not be aware of its proceedings ✔ Ans - private setting the choice of an arbitrator as defined in a contract may limit the options of individuals to select an arbitrator therefore arbitration panels may not be ✔ Ans - balanced critics argue that arbitration can be unfair to an individual in a dispute with a ✔ Ans - large organization alternative conflict resolution option; goal is to reach a compromise that is fair and acceptable to both sides in a dispute ✔ Ans - mediation the mediation process is ___.. ✔ Ans - less formal than arbitration mediator has ____ ✔ Ans - no power to impose a solution mediated agreement is not ____ unless ordered so by a court ✔ Ans - legally binding in mediation there are no ✔ Ans - formal rules of evidence or set procedures to follow, but legal representation is common arbitration uses rules of evidence and procedures that are less formal than those followed in ✔ Ans - trial courts ___ is similar to a court proceeding in that an arbitrator has the power to impose a decision ✔ Ans - binding arbitration in non binding arbitration, an arbitrator has the ✔ Ans - power to recommend but not impose a decision In _____ an arbitrator is required to choose between the proposals of the parties ✔ Ans - final offer arbitration arbitrators may not exceed the limits of their authority in their award so there are ✔ Ans - no punitive damages of arbitrators is based on specific and substantive knowledge related to a a case at hand ✔ Ans - certification standards of certification of arbitrators and mediators is often by membership in a ✔ Ans - specialized organization arbitrators are not bound by precedent or ✔ Ans - rules of procedure arbitrators have ____ in matters like accepting evidence, participating in the proceedings, questioning witnesses, and reaching conclusions ✔ Ans - latitude arbitrators may visit sites outside of a hearing room seek additional evidence or call on ✔ Ans - expert witnesses