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Institutional ADR

Description: This quiz covers various aspects of Institutional ADR, including its types, advantages, disadvantages, and the role of different institutions in facilitating ADR.
Number of Questions: 15
Created by:
Tags: adr institutional adr arbitration mediation conciliation lok adalats
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Which of the following is NOT an advantage of Institutional ADR?

  1. Enforceability of awards

  2. Neutrality and impartiality of the decision-maker

  3. Flexibility and adaptability to specific disputes

  4. High cost of proceedings

Show answer
Correct Option: D
Explanation:

Institutional ADR is generally considered to be more cost-effective than litigation.

Which of the following is NOT a type of Institutional ADR?

  1. Arbitration

  2. Mediation

  3. Conciliation

  4. Negotiation

Show answer
Correct Option: D
Explanation:

Negotiation is a non-institutional form of ADR.

In Arbitration, the decision of the arbitrator is:

  1. Binding on both parties

  2. Not binding on either party

  3. Binding only on the party that initiated the arbitration

  4. Binding only on the party that did not initiate the arbitration

Show answer
Correct Option: A
Explanation:

The decision of the arbitrator is final and binding on both parties, unless it is set aside by a court.

Which of the following institutions is NOT involved in Institutional ADR?

  1. Arbitration and Conciliation Act, 1996

  2. Lok Adalats

  3. National Legal Services Authority

  4. Supreme Court of India

Show answer
Correct Option: D
Explanation:

The Supreme Court of India is not directly involved in Institutional ADR, although it has the power to review and set aside arbitration awards.

Which of the following is NOT a function of the National Legal Services Authority?

  1. Providing legal aid to the poor and marginalized

  2. Promoting and facilitating ADR

  3. Establishing Lok Adalats

  4. Appointing arbitrators and mediators

Show answer
Correct Option: D
Explanation:

The National Legal Services Authority does not appoint arbitrators and mediators. This is typically done by the parties to the dispute or by the institution administering the ADR process.

Lok Adalats are:

  1. Permanent judicial bodies

  2. Temporary courts established for specific disputes

  3. Informal forums for resolving disputes through conciliation

  4. Tribunals established under the Arbitration and Conciliation Act, 1996

Show answer
Correct Option: C
Explanation:

Lok Adalats are informal forums where disputes are resolved through conciliation and negotiation, rather than through formal litigation.

Which of the following is NOT a benefit of Institutional ADR?

  1. Speed and efficiency

  2. Confidentiality

  3. Enforceability of awards

  4. Increased litigation costs

Show answer
Correct Option: D
Explanation:

Institutional ADR is generally considered to be more cost-effective than litigation.

Which of the following is NOT a disadvantage of Institutional ADR?

  1. Potential for bias or partiality

  2. Lack of transparency

  3. Delay in resolving disputes

  4. Flexibility and adaptability to specific disputes

Show answer
Correct Option: D
Explanation:

Institutional ADR is generally considered to be more flexible and adaptable to specific disputes than litigation.

In Mediation, the role of the mediator is to:

  1. Decide the outcome of the dispute

  2. Facilitate communication and negotiation between the parties

  3. Impose a settlement on the parties

  4. Represent one of the parties in the dispute

Show answer
Correct Option: B
Explanation:

The mediator's role is to help the parties communicate and negotiate with each other in order to reach a mutually acceptable settlement.

Which of the following is NOT a factor that courts consider when reviewing arbitration awards?

  1. Whether the arbitrator exceeded their authority

  2. Whether the award is in accordance with public policy

  3. Whether the award is supported by evidence

  4. Whether the arbitrator was biased or partial

Show answer
Correct Option: D
Explanation:

Courts generally do not review arbitration awards for bias or partiality on the part of the arbitrator.

Which of the following is NOT a type of Institutional ADR provided under the Arbitration and Conciliation Act, 1996?

  1. Arbitration

  2. Mediation

  3. Conciliation

  4. Negotiation

Show answer
Correct Option: D
Explanation:

Negotiation is a non-institutional form of ADR.

Which of the following is NOT a function of the Arbitration and Conciliation Act, 1996?

  1. To provide a framework for the conduct of arbitration proceedings

  2. To establish a system for the enforcement of arbitration awards

  3. To promote and facilitate ADR

  4. To appoint arbitrators and mediators

Show answer
Correct Option: D
Explanation:

The Arbitration and Conciliation Act does not appoint arbitrators and mediators. This is typically done by the parties to the dispute or by the institution administering the ADR process.

Which of the following is NOT a benefit of Lok Adalats?

  1. Speed and efficiency

  2. Confidentiality

  3. Enforceability of awards

  4. High cost of proceedings

Show answer
Correct Option: D
Explanation:

Lok Adalats are generally considered to be more cost-effective than litigation.

Which of the following is NOT a disadvantage of Lok Adalats?

  1. Potential for bias or partiality

  2. Lack of transparency

  3. Delay in resolving disputes

  4. Flexibility and adaptability to specific disputes

Show answer
Correct Option: D
Explanation:

Lok Adalats are generally considered to be more flexible and adaptable to specific disputes than litigation.

Which of the following is NOT a type of Institutional ADR provided under the Legal Services Authorities Act, 1987?

  1. Arbitration

  2. Mediation

  3. Conciliation

  4. Lok Adalats

Show answer
Correct Option: A
Explanation:

Arbitration is not provided for under the Legal Services Authorities Act, 1987.

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