Chapter 2: Resolving Disputes and Navigating Canada's Court
System
Exercises
True or False?
1.

BATNA and WATNA are more commonly part of positional negotiation than of interest-based negotiation. (F)

2.

Unlike arbitration decisions, a negotiated settlement cannot be enforced. (F)

3.

Transformative mediation attempts to get each party to appreciate the validity of the other's point of view. (T)

4.

In the Superior Court, you are entitled to disclosure of the other party's documents and evidence prior to trial. (T)

5.

If you win a case in court, you can enforce your judgment by using garnishment to seize and sell the defendant's car. (F)

6.

A decision made in the trial division of the Superior Court is binding on the Court of
Appeal. (F)

7.

The Small Claims Court has the power to grant injunctions, provided the value of the plaintiff's claim does not exceed $25,000. (F)

8.

If you believe a decision of an administrative board was unfair and not based on evidence, you have the right to appeal the decision in the courts. (T)

9.

If you think someone has breached your legal rights, you can sue at any time. (F)

Canadian Business Law, 2nd Edition, Instructor's Guide
© 2012 Emond Montgomery Publications

1

Multiple Choice
1.

2.

Arbitration as a process is
a.

more formal than negotiation

b.

more formal than litigation

c.

controlled by the parties

d.

none of the above

If the parties have a history of conflict, and one is stronger than the other, the following is probably the best alternative dispute resolution process:

3.

a.

negotiation

b.

mediation

c.

arbitration

d.

either b or c would work equally well

In talking about alternative dispute resolution, we often discuss rights and interests.
In this context, rights refer to

4.

a.

short-term goals

b.

long-term goals

c.

business concerns, aspirations, and priorities

d.

entitlements

In positional negotiation, you
a.

determine what outcome you want before you start and stick to it as best you can

b.

explore with the other parties what the source of the conflict is

c.

accept the other side's position as legitimate and valid

d.

ask open-ended questions

e.

do none of the above

Canadian Business Law, 2nd Edition, Instructor's Guide
© 2012 Emond Montgomery Publications

2

5.

In the mediation process,
a.

the mediator guides discussions and imposes a settlement after hearing both sides 6.

b.

the mediator guides discussions

c.

the mediator always keeps the parties apart during discussions

d.

the parties must not be in an adversarial position

You should use mediation if
a.

both parties are prepared to make serious efforts to resolve the issues

b.

both parties are prepared to explore mutual interests and wish to maintain an ongoing relationship

c.

in settling a rights issue, the parties are more interested in making their own rules than in having rules imposed on them by a neutral individual

7.

d.

all of the above

e.

only b and c are correct

You should use arbitration if
a.

the other party is stronger than you are

b.

you know the other party will comply with the arbitrator's decision

c.

you have a good working relationship and have successfully resolved interest disputes in the past

d.

all of the above

e.

none of the above

Canadian Business Law, 2nd Edition, Instructor's Guide
© 2012 Emond Montgomery Publications

3

8.

Solicitor–client privilege means
a.

anything your lawyer tells you cannot be repeated by you to anyone else

b.

anything you write to your lawyer cannot be revealed by either of you

c.

your lawyer has a right ahead of other creditors to payment of his bill for services d.

third parties who provide your lawyer with information about your case cannot reveal it to anyone else

e.

your lawyer cannot reveal any information you give to him about the case without your permission

9.

Small Claims Court cases differ from those in the trial division of the Superior Court

in the following way:
a.