Dispute Resolution and Crisis/Incident Management

(Midterm Examination)

NAME: _________________________________ SECTION: _____________ SCORE

______________

SET A

INSTRUCTION: Select the correct answer for each of the following questions. Mark only one answer for
each item by shading the space corresponding to the letter of your choice on the answer sheet provided.
STRICTLY NO ERASURES ALLOWED.

1. In deciding the settlement of the controversy, in mediation both disputing parties’ settlement shall
be made by the parties themselves. In Arbitration, it shall be made by __________.
a. Both Parties c. Judge
b. Arbitrator d. Office for Alternative Dispute Resolution
2. ADR: Private Settlement. Litigation: ____________.
a. Public Settlement c. Negotiation Settlement
b. Regular Court Settlement d. Private Settlement
3. This method of resolving conflict is focus on the filing an appropriate case before the court.
a. Litigation c. Mediation
b. Arbitration d. Alternative Dispute Resolution
4. This general strategy is focus on giving consideration to the needs of the other party in order to
settle the issue.
a. Assertiveness c. Accommodating
b. Cooperativeness d. Collaborating
5. In the conduct of negotiation as an alternative measure for settling conflict, who is the negotiator?
a. Mediator c. Conciliator
b. Arbitrator d. None
6. Who selects the Arbitrators?
a. Any disputing parties c. Respondent
b. Complainant d. None
7. Arbitration: _____________; Court: Judgement
a. Award c. Decision
b. Reward d. Settlement
8. Who shall decide on how to resolve conflict for mediation process?
a. Both Disputing Parties d. Complainant
b. Mediator c. Respondent
9. Mr. Narcissist compels Ms. Delilah to pay her debt on due time, despite that the latter requested
consideration and extension of due. The former used a conflict resolution strategy of ________.
a. Competing c. Accommodating
b. Compromising d. Collaborating
10. Followings are objective of RA 9285. EXCEPT.
a. Encourage party autonomy to resolve their issues in their own way.
b. To achieve speedy and impartial justice.
c. To help the court unclog cases filed before them.
d. To settle criminal and civil liability through a peaceful manner.
11. Alternative Dispute Resolution System means any process or procedure used to resolve a
dispute or controversy, other than by adjudication of a presiding judge of a court or an officer of a
government agency. Under this principle, procedure means.
a. An established or official way of doing something to attain the goals
b. Step-by-step processes in order to come-up with the resolution of conflict.
 c. A simultaneous process that requires to accomplish the settlement of the issue.
d. A policy that serve as guidelines in attaining the resolution of the cases brought before
the court.
12. Disputing parties means _______________.
a. Mediation Party c. Med-Arb Party
b. Arbitration Party d. Conflicting Party
13. Which among the following ADR mechanism is considered more formal?
A. Arbitration c. Conciliation
B. Mediation d. Early Neutral Evaluation
14. If the disputing parties failed to come-up with alternatives in settling conflict, who shall give
alternatives?
a. Mediator c. Negotiator
b. Arbitrator d. Conciliator
15. Following are ADR providers. EXCEPT. (BONUS)
a. Arbitrator c. Conciliator
b. Mediator d. Office for Alternative Dispute Resolution
16. What liability shall be given to ADR practitioner if found guilty in violating the provisions of RA
9285?
a. Criminal c. Civil
b. Administrative d. Criminal and Civil
17. Mr. Pretender General and Ms. Lobel De Ayala agreed that will be separated in principle, without
undergoing in litigation process. Is their agreement valid under RA 9285?
a. Yes, as long as they are voluntarily agreed to separate.
b. Yes, because RA 9285 encourage disputing parties to settle conflict in their own.
c. No, legal separation can only be resolve by the court
d. No, it is provided under the limitation of RA 9285.
18. DOJ Secretary: President. OADR Executive Director: ____________________.
a. DOJ Secretary c. Executive Secretary
b. President d. Asst. Secretary
19. Who is the appointing authority for mediator or arbitrator when the parties empowered to do so?
a. DOJ c. ADR Institution Provider
b. OADR d. President
20. It provides support to the Executive Director and designate other functions relating to OADR.
a. Secretariat c. ADR Practitioner
b. Advisory Council d. Secretary of Executive Director
21. How many members of Advisory Council are there to support the Executive Director?
a. 3 c. 7
b. 5 d. 9
22. Which among the following does not belong to the group?
A. Mediation c. Arbitration
B. Conciliation d. Negotiation
23. Can disputing parties choose non-accredited ADR provider?
a. Yes, what most important is they can resolve their issues
b. Yes, they can ask the assistance of Lupon Members in the barangay
c. No, only accredited provider is allowed to assist the disputing parties
d. No, they cannot be allowed as it is strictly provided by RA 9285
24. This method whereas the arguments of the parties is brought before a panel of senior decision
makers.
a. Mini-Trial c. OADR
b. Arbitration d. Early Neutral Evaluation
25. Alternative Dispute Resolution System means any process or procedure used to resolve a
dispute or controversy, other than by adjudication. Under the context of RA 9285, adjudication
means.
a. Court c. Judge
b. Arbitration d. Litigation
26. What court that have jurisdiction in deciding cases involving RA 9285?
a. MTC c. CA
b. RTC d. SC
27. Can complainant proceed in arbitration to settle the controversy against another party?
a. Yes, the complainant can file case before arbitrators.
b. Yes, as long as the other party agreed in arbitration
c. Yes, complainant has the right as provided by RA 9285
d. No, there should be a hearing first before the OADR.
28. Mr. Narcissist was found guilty of falsification of public documents and usurpation of authority
before the RTC. Can he apply the benefits of RA 9285 in order to settle his civil liability?
a. Yes, settlement of civil liability is allowed by RA 9285 even in criminal cases.
b. Yes, even the criminal liability, since there is a private offended party.
c. No, because civil liability on the violation of the said cases cannot be settled.
d. No, since criminal cases cannot apply the benefits of RA 9285.
29. Can Executive Director be appointed to head the OADR even without the recommendation from
the Secretary of Justice?
a. Yes, it is the right of the President as the appointing authority.
b. Yes, it is the privilege of the President to appoint cabinet member
c. No, RA 9285 strictly provides that Executive Director shall be recommended by the DOJ
Secretary
d. No, only the Secretary of Justice can appoint the Executive Director since it is under
his/her office.
30. Mr. idol, unexpectedly got pregnant her girlfriend Ms. Mentor. However, the former did not face
his responsibilities because he believed that the father of the child is the former boyfriend of the
latter, thereafter, he immediately broke Ms. Mentor. Mr. Idol used a conflict resolution strategy of
______.
a. Avoiding c. Assertiveness
b. Compromising d. Competing
31. When a dispute was resolved by means of filing a complaint through the court system, the
process involved in conflict resolution is _____.
a. Arbitration Process c. Litigation Process
b. Court Process d. Judge System
32. A Conflict Resolution Strategies introduced by Thomas and Kilmann wherein the person neither
pursues his own concerns nor those of the other individual.
a. Avoiding c. Accommodating
b. Competing d. Compromising
33. Which procedure is being used to resolve a dispute without resorting to court process but rather a
neutral third party is involved in the resolution?
a. Arbitration c. Litigation Process
b. Alternative Dispute Resolution d. Mediation
34. When parties and their lawyers are brought in a pre-trial phase to present their respective cases
and receive a nonbinding assessment by an experienced and neutral person, the process is
called ___.
a. Alternative Dispute Resolution c. Mediation
b. Early Neutral evaluation d. Pre-Trial Assessment
35. Which of the following is the main advantage of mediation over arbitration?
 a. It provides opportunities to parties to negotiate and come to final solution catering the needs
of both sides.
b. Third party who is neutral will assist the parties in reaching the agreement, thus, bias is
eliminated.
c. The settlement is made by the parties themselves rather than a third party.
d. The dispute is resolved in the interest of parties.
36. An important composition of representative from different profession and organization who
advises the Executive Director of OADR on policy, operational and other relevant matters.
a. Secretariat c. IBP
b. Advisory Council d. Public Information and Promotion Division
37. Which mediation process is ordered by the court in accordance with the agreement of the parties
when an action of prematurely commenced in violation of the agreement?
a. Court-Annexed Mediation c. Court-Referred Mediation
b. Court-Ordered Mediation d. Institutional Me
38. It refers to the structured dispute resolution method in which the merits of a case are argued
before a panel comprising senior decision makers with or without the presence of a neutral third
person after which the parties seek a negotiated settlement.
a. Early Neutral Evaluation c. Mini Trial
b. Mediation d. Arbitration
39. Can jurisdiction be agreed upon by the parties?
a. Yes, as provided by RA 9285 c. Yes, it is the discretion of the party
b. No, it limits in the benefits of RA 9285 d. No, they are not allowed by OADR
40. Arbitration: Neutral Third party. Mediation: Neutral Third Party. Negotiation: _________________
a. None c. Neutral 1st Party
b. Neutral 2 Party
nd
d. Neutral 3rd Party
41. Which among the following is considered the most effective way in resolving conflict taking into
consideration of the cost for dispute resolution process?
a. Arbitration c. Conciliation
b. Mediation d. Negotiation
42. The ADR practitioner may be held liable upon clearly showing of the following. EXCEPT.
a. Bad Faith c. Malice
b. Intent d. None
43. The OADR is directly under the ________________.
a. DOJ c. Supreme Court
b. Office of the President d. Regional Trial Court
44. Which among the following is the least consideration in asking the assistance pertinent to training
programs for ADR practitioner?
a. IBP c. Local Government Unit
b. Private ADR Organization d. Foreign Agencies engage in ADR practice
45. In conducting mediation, who shall negotiate to come-up with the resolution of the conflict?
a. Both Parties c. Mediator
b. Complainant d. Respondent
46. Is it necessary to secure approval from the OADR in order for the practitioner to conduct
mediation or conciliation?
a. Yes, for the proper documentation of the parties’ agreement
b. Yes, they are obliged as provided by RA 9285
c. No, as long as the parties agree to settle their issue
d. No, it lies on the discretion of the parties.
47. Arbitration: _______________. Mediation: Selected by the Parties.
a. Appointed by the OADR/ADR Institution c. Selected by the Chief Arbitrator
b. Selected by the Parties d. Appointed by the Parties
48. Which among the following is considered most advantageous in settling the conflict between
parties?
a. Mediation c. Conciliation
b. Arbitration d. Litigation

49. Collaborating involves general strategies of __________________.

a. High degree of cooperativeness and low degree of assertiveness
b. Low degree of assertiveness and high degree of cooperativeness
c. Both assertiveness and cooperativeness
d. High degree of cooperativeness
50. Accommodating: Cooperativeness. Avoiding: ___________________.
a. Assertiveness c. Medium degree of Assertiveness
b. Cooperativeness d. Medium degree of Cooperativeness
51. This principle is focus on the settlement of conflict which embrace the promotion of mercy and
compassion.
a. Restorative Justice c. Criminal Justice
b. Retributive Justice d. Dispute Resolution
52. This principle is also use in the prevention of crimes in the community.
a. Retributive c. Criminal Justice
b. Restorative d. Litigation
53. Restorative: Mercy. Retributive: ____________.
a. Litigation c. Punishment
b. Criminal Justice d. Suffering
54. In Restorative Justice, it encourages the maximum involvement of the following. EXCEPT.
a. Offender c. Community
b. Victim d. Mediator
55. Restorative: Criminal Justice System. Retributive: ______________
a. Dispute Resolution c. Mediation
b. Community d. Crime Prevention
56. It means any partial or final decision by an arbitrator in resolving the issue or controversy.
a. Award d. Recognition
b. Reward c. Penalty
57. Which Court has jurisdiction to try the Arbitral award cases.
a. RTC c. MTC
b. CA d. SC
58. The Institutions or persons accredited as mediators, conciliators, arbitrators, neutral evaluators or
any person exercising similar functions in any Alternative dispute resolution system.
a. ADR Provider c. Conflict Management
b. Alternative Dispute Resolution System d. Crisis Management Team
59. It is an agreement reached during mediation and conciliation proceedings.
a. Amicable settlement c. Adjudication
b. Arbitration d. Attachment
60. The following are grounds for vacating the award in an arbitration proceeding, except:
a. The award was procured by corruption, fraud, or other undue means.
b. There was evident impartiality in the arbitrators.
c. There was evident partiality or corruption in the arbitrators or any of them.
d. The arbitrators exceeded their powers.