Exam 5: Rights-Based Negotiation

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OBJECTIVE CRITERIA are factors that negotiators may use to choose between options. In order for the criteria to be OBJECTIVE, they should be

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FACT FINDING refers to a process of

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What are the differences between a fact-based dispute and a law-related dispute? Provide one example of each type of dispute to demonstrate the differences.

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A fact-based dispute is one where the disagreement arises from conflicting accounts of events or circumstances. This type of dispute can often be resolved by gathering and presenting evidence to support one side's version of the facts. For example, if two people are arguing about who was responsible for a car accident, the dispute is fact-based because it hinges on determining the actual sequence of events leading up to the accident.

On the other hand, a law-related dispute involves a disagreement over the interpretation or application of a specific law or legal principle. In this type of dispute, the focus is on understanding and applying the relevant legal framework to the situation at hand. For instance, if two parties are in a dispute over the terms of a contract, the disagreement is law-related because it centers on the interpretation of the contract's language and how it applies to the parties' actions.

In summary, the key difference between a fact-based dispute and a law-related dispute lies in the nature of the disagreement – whether it is rooted in conflicting accounts of events or in the interpretation and application of legal principles.

When debating facts that may be based on scientific evidence, a negotiator should

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Which of the following is a RIGHTS-BASED approach to dealing with conflict?

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Identify a U.S. Supreme Court decision that has relevance to your work as a professional. What principles does this case stand for?

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Which of the following is an example of an INTERNATIONAL LAW?

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When a client and helping professional sign a SERVICE CONTRACT, they are establishing

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Which of the following types of evidence tends to be the most persuasive?

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What is the advantage of having a written service contract to define the client and professional's rights and responsibilities?

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The RULE OF LAW suggests that conflicts should be resolved

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IMPLICIT RIGHTS are rights that are

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Identify two state laws that may establish rights that your clients or patients possess in relation to their work with you.

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Describe the advantages and disadvantages of a rights-based approach to negotiation (as compared to a power-based approach).

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CASE LAW refers to

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RIGHTS-BASED negotiation refers to an adversarial process in which each party

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During RIGHTS-BASED negotiation, negotiators could refer to rights established in

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A client and helping professional have a dispute over how much the client owes the professional for services offered. Their negotiation seems to be at an impasse. Which of the following is an example of an ALTERNATIVE to negotiation in this case?

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RIGHTS-BASED negotiation is easiest when

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To persuade others, a negotiator could use a combination of RIGHTS-BASED and POWER-BASED strategies by

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