Question 1 The basic difference between arbitration and mediation is Arbitration must occur before one can pursue litigation Arbitration is binding whereas mediation requires the parties to agree on the outcome. There is no difference Arbitration is a way of avoiding costly litigation Question 2 Which of these statements is true? When someone submits to arbitration they give up their right to appeal based on substantive issues. Arbitration usually takes longer than litigation. An award in arbitration may be appealed for any reason. The Federal Arbitration Act only applies to States and not to Federal cases. Question 3 What is the holding in the Epic Systems case? The National Labor Relations Act does not allow employees to waive their rights to collective resolution of disputes. Any clause contained in an employment contract must be reasonable. Arbitration clauses in employment contracts will be enforced. O Employees do not like to arbitrate disputes. Question 4 What is an adhesion contract? A contract drafted by one party containing "boilerplate" clauses which protect the party with more bargaining power. Typically, a "take it or leave it' contract. O A contract for glue. A contract where both parties have equal bargaining power and the agreement is fair to both. Contracts that include trade fixtures affixed to the land. Question 5 How does one enforce an arbitration award? By commencing a mediation hearing The award must first be converted to a judgment. By appealing to the District Court. By posting a notice on the defendant's place of business