Deck 15: Negotiation Skills

Question 1

Which ONE of the following terms is used to describe a confrontational approach to negotiation that achieves gain by imposing loss on the other party?

A) Competitive gain negotiation.
B) Positional bargaining.
C) Integrative bargaining.
D) Defensive bargaining.

Answer 1

B
Explanation: Positional bargaining describes the approach to negotiation set out in the question, in which one party has an entrenched position and seeks to achieve it to the detriment of the other party.

Question 2

'The 'best negotiated outcome' is a phrase used to describe the position that you are in if you negotiate a settlement that is better than the best position you could be in if the case were to go to court.' Is this statement true or false?

Answer 2

False
Explanation: The 'best negotiated outcome' is one in which you have achieved everything that you hoped to achieve in the negotiation.

Question 3

Which of the following are examples of an open question? Please select all that apply.

A) What issues are important to your client in this negotiation?
B) When does your client want the agreement to start?
C) Does your client have expertise in this area?
D) Why is your client so keen to achieve this particular aim?

Answer 3

A, D
Explanation: Open questions are those that elicit broad general information, and are useful in opening out the discussion and obtaining detail from the other party. In general, they cannot be answered with a single word or a short statement of fact.

Question 4

Which of the following statements are true? Please select all that apply.

A) BATNA means the 'best alternative to negotiated agreement'.
B) BATNA is shorthand way of saying 'best negotiated outcome'.
C) BATNA is your client's bottom line in the negotiation.
D) If you are hoping to achieve BATNA, it means that the negotiations have failed to reach a settlement.

Question 5

A situation in which one party's gain is equivalent to the other party's loss is called a ______.

Question 6

Which ONE of the following describes the value of asking closed questions?

A) They open up debate and elicit broad information from the other party.
B) They force the other party to provide information they may wish to keep hidden.
C) They can be used to elicit specific information and so fill in the gaps in your understanding of the other party's position.
D) Closed questions do not have any advantages in negotiation and should be avoided at all costs.

Question 7

Imagine that one of the issues that you have been asked to negotiate concerns the sale of a boat valued at £35,000, which your client has stated must be sold for £30,000 in order to get a quick sale. Which ONE of the following is the most appropriate opening statement on this point?

A) I have been instructed to obtain the best price possible for the boat, which is valued at £35,000, but my client wants to complete the sale as soon as possible-what would be you able to offer?
B) The boat is valued at £40,000, but my client is after a quick sale, so is prepared to take less than this price. Would you consider paying £30,000?
C) My client wishes to agree a quick sale on his boat. Although it has been valued at £35,000, he would be prepared to accept £30,000, provided that the sale could be completed quickly.
D) My client's boat is worth £35,000, but he is prepared to sell it for less than this, provided that the sale is completed quickly. How much would your client be prepared to offer?

Question 8

Which of the following strategies are useful in breaking deadlock? Please select all that apply.

A) Highlighting concessions already made.
B) Asking questions to determine why the other party has become entrenched in their position.
C) Reopening a point that has already been agreed.
D) Refusing to proceed until the other party acts in a more reasonable manner.

Question 9

Imagine that your client suffered serious burns when his new toaster exploded in his face on the first time that it was used. You are instructed to obtain damages from the retailer. What research would you need to conduct prior to the negotiation in order to prepare? Please select all that apply.

A) The quantum of damages usually awarded for the sort of burns suffered by the client.
B) The law concerning liability for defective products.
C) The details of the insurance cover held by the retailer.
D) The incidence of similar injuries with the same product to determine whether the manufacturer is to blame.

Question 10

If you feel that the negotiation is getting out of control, or if you want time to consider your strategy in light of the suggestions made by the other party, you can ______ to talk things through with your partner.