Plaintiff Brought Suit Against a Defendant for Breach of Contract

question 36

Multiple Choice

Plaintiff brought suit against a defendant for breach of contract.The trial judge, pursuant to the rules of civil procedure in that particular court, referred the court to arbitration prior to trial.The key issue in determining whether the judge can compel arbitration prior to trial will be whether

• A) the parties willingly agree to participate in court-annexed ADR.
• B) the rule compelling arbitration violates the Seventh Amendment right to a jury trial.
• C) arbitration would be preferable to mediation.
• D) There is no issue as the Supreme Court has ruled that a trial judge can use whatever means possible to coerce the parties to settle or compel them to be bound by ADR results.