Test on South African Legal System: Courts and Jurisdiction
South African Legal System: Courts & Jurisdiction Guide
Alternative Dispute Resolution
19 questions
Question 1: The impartiality of the mediator and the trust that the parties have in the mediator are key factors for the success of mediation.
A. Yes
B. No
Explanation: The study materials explicitly state that 'The success of mediation depends on the impartiality of the mediator and the trust that the parties have in the mediator.'
Question 2: Arbitration is typically used for marital disputes.
A. Yes
B. No
Explanation: The study materials explicitly state that arbitration cannot be used for marital disputes.
Question 3: Arbitration, similar to negotiation and mediation, is characterized by its aim to achieve a win-win outcome for both parties involved in the dispute.
A. Yes
B. No
Explanation: The study materials explicitly state that 'Unlike, negotiation and meditation, arbitration results in a win-lose situation for parties and one party will lose.' This indicates that arbitration does not aim for a win-win outcome, which is characteristic of negotiation and mediation.
Question 4: The primary role of a mediator in dispute resolution is to make a binding decision for the parties involved.
A. Yes
B. No
Explanation: The study materials explicitly state that 'The mediator does not make a decision on behalf of the parties.' Instead, the mediator 'assists in the negotiations to find a solution' and facilitates 'the parties finding their own solution.'
Question 5: Negotiation typically involves only the direct interaction between the disputing parties to reach a mutually acceptable resolution without the intervention of a third party.
A. Yes
B. No
Explanation: Negotiation usually does not involve a third party, as the parties communicate directly with one another to find a solution that satisfies them both.