Exam 15: Third-Party Intervention

Ben and Janie are getting a divorce and their friend Josh recommends that they divide their property using mediation or arbitration techniques rather than costly litigation.But Janie is not very assertive and is afraid that her views may be overridden.Which of the following methods should Josh recommend to ensure that any settlement they make is purely voluntary?

Formulation involves a substantive contribution to negotiations by conceiving and proposing new solutions.

Which of the following statements is true of managers resolving disputes through mediation?

Ben and Janie are getting a divorce and their friend Josh recommends that they divide their property using arbitration rather than costly litigation.Which of the following methods should Josh recommend to ensure that they arrive at the fairest possible settlement as quickly as with as little argument as possible?

Compare and contrast the two major types of arbitration available to disputants.

News accounts of the 1982 Beirut Massacre were judged by partisans on both sides of the Arab-Israeli conflict to be partial to the other side.This is an example of ________.

Which of the following is an example of offensive behavior by a disputing party in a mediation process?

Which of the following is an advantage of mediation as a dispute resolution method?

Mark Prescott,a retired attorney general,is invited by the boards of Simplex and Duplex,rival telecom companies,to mediate in a dispute over a patent between the two companies.Which of the following mediation styles should Mr.Prescott adopt if his objective is to increase the prospects for lasting tension reduction between the disputants?

Choose the pair of answers that best completes the following analogy: Mediators - ________; Arbitrators - ________.

When disputants in conflict have asymmetrical conflict perceptions,________.

When disputants overestimate the extent to which third parties share their beliefs,it results in ________.

Jack and April are a couple who have decided to settle their divorce through the final-offer arbitration method.Each of them believes he or she has more than a 50 percent chance of having his or her proposal chosen by the arbitrator.What type of bias is evident here?

________ refers to the ability of the intervening third party to impose a final,binding settlement on the disputing parties.

________ refers to the ability of the third party to control the discussions,questions,and the communication.

________ is a procedure whereby a third party holds a hearing,at which time disputants state their position on the issues,call witnesses,and offer supporting evidence for their respective positions.

Which of the following is a key factor that determines whether disputants trust mediators?

________ is antipathy toward actions that harm one's own side to the other side's benefit.

What types of mediation are most preferred by disputants?

Vera,Chuck and Dave are involved in an acrimonious dispute over the house and land that belonged to their grandparents.While Chuck wants to sell the property and divide the money equally,Vera wants to keep the house,but sell the surrounding land while Dave wants to keep both.The three opt for mediation and the mediator tells them that the value of the land is likely to increase steadily over the next few years.He suggests that Vera and Dave give Chuck one-third of the current value of the house and land while Vera keeps the house,paying Chuck another third of the value.Chuck keeps the land,paying Vera accordingly.The three reject the proposal.What functions was the mediator performing in this case?