Deck 19: Third Party Approaches to Managing Difficult Negotiations

Question 1

When negotiators have tried all other options and are not making progress,when mistrust and suspicion are high,or when the parties cannot take actions toward defusing conflict without those actions being misinterpreted and mistrusted by others,____________ involvement may become necessary.

Answer 1

third-party

Question 2

In mediation,indirect pressure typically comes through wearing the parties down over ____________ and increasing the cost of holding out.

Answer 2

time

Question 3

As a rule of thumb,interventions that are not sanctioned by the parties-or reinforced by a third party's expertise,friendship,or authority-are ____________ and ____________.

Answer 3

unwelcome;ineffective

Question 4

____________ is the most common form of third-party intervention that is largely procedural in nature.

Question 5

Process consultants assume that teaching the parties how to manage conflict more productively and effectively will lead them to produce better ____________.

Question 6

In ____________ arbitration,in which the arbitrator must approve,without amendment,one of the positions presented by the two disputing parties.

Question 7

The ____________ effect states that when arbitration is anticipated as a result of the failure of parties to agree,negotiators may lose interest in the process of negotiating.

Question 8

If intervention becomes advisable,it should be done in a ____________ and ____________ manner.

Question 9

The goal of mediation and process consultation is to allow the parties to maintain control of the __________,while regulating the ____________ of their interaction.

Question 10

____________ can be viewed as the result of negotiators' agreement to disagree,and a willingness to surrender control over the outcome of their dispute.

Question 11

The ____________ form of mediation strategy has a low concern for aspirations and a low perception of common ground.

Question 12

As a method of third-party intervention,____________ is likely to lead to situations in which disputants are less than fully committed to following through,especially if they feel dissatisfied with the arbitrator's decision.

Question 13

Cobb suggests that effective mediators ____________ bargainers by balancing power,controlling the process,and being neutral.

Question 14

Perceived ____________ of partiality toward one side may jeopardize the arbitrator's acceptability in future disputes.

Question 15

In ____________ intervention,managers exert high control over the decision,but not the process.

Question 16

____________ is defined as "a set of activities on the part of the consultant that helps the client to perceive,understand,and act upon the process events which occur in the client's environment."

Question 17

Under ____________ arbitration,the parties may submit their arguments to an arbitrator,but they are not required to comply with the arbitrator's decision.

Question 18

____________ is probably the most common and recognized form of third-party dispute resolution.

Question 19

The ____________ form of mediation strategy involves mediator application of rewards and inducements to entice the parties into making concessions and agreements.

Question 20

Kressel and Pruitt report that mediation's greatest effectiveness occurred in situations marked by ____________ levels of conflict.

Question 21

In ADR,a ____________ is typically charged with being "a confidential and informed information resource,communication channel,complaint-handler,and a person who helps an organization work for change."

Question 22

Commitment to a given solution and willingness to implement it is significantly less when group members participate in developing that solution than when it is imposed by a single member.

Question 23

Mediation is less intrusive than arbitration in that negotiators surrender control over the processes and the outcomes.

Question 24

Formal or contractual mediation is free from established or accepted rules and procedures.

Question 25

Binding arbitration requires the parties to comply with the decision,either by law or by precedent within that sphere of arbitral practice.

Question 26

The compensation form of mediation strategy involves trying to force the parties to reduce their levels of aspiration in the absence of perceived potential for an integrative resolution.

Question 27

Interventions may never be imposed on negotiators-negotiators themselves must request all forms of third-party intervention.

Question 28

Even if the relationship between the parties is so damaged that future exchanges would be highly problematic,third parties may enable the negotiating parties to reduce hostility levels and achieve some closure on the key issues.

Question 29

____________ ADR provides a third-party neutral that assists the parties in negotiating a resolution.

Question 30

If negotiators anticipate that the arbitrator will split the difference,then it is in their best interest to maintain an extreme,hard-line position because difference splitting is more likely to result in the hard-liner's favor.

Question 31

Failure to use third-party intervention when appropriate is just as wasteful and damaging to the ultimate negotiation process as using the wrong intervention method.

Question 32

As mediation progresses,mediators often become less active and allow the disputing parties to take on more aggressive roles.

Question 33

Research suggests that when parties are pressured or required to enter mediation,they generally come away finding it to be a fair and satisfactory process.

Question 34

____________ typically involves a structured process in which disputing parties have relatively free rein to present their stories,while the arbitrators decide the outcome,often imposing a resolution on the disputants.

Question 35

The narcotic effect states that as the frequency of arbitration increases,disenchantment with the adequacy and fairness of the process develops and the parties may resort to other means to resolve their disputes.

Question 36

____________ ADR systems are those in which the third party makes a binding decision that the negotiating parties must live with.

Question 37

Formal third-party intervention styles differ on the degree to which the disputants surrender ____________ to the third party over the disputant interaction process and/or the outcome.

Question 38

Third-party intervention is always imposed "from without" by choice,custom,law,or regulation.

Question 39

As mediators involve the parties in more joint problem solving,disputant hostility,especially with regard to intangible issues,seems to increase.

Question 40

The involvement of third parties signals that the negotiation process has stalled.

Question 41

Managers and others in authority usually have the right to intervene in a dispute.

Question 42

Arbitration typically involves

A) high levels of negotiator control over outcomes and high levels of negotiator control over procedure.
B) low levels of negotiator control over outcomes and low levels of negotiator control over procedure.
C) low levels of negotiator control over outcomes and high levels of negotiator control over procedure.
D) high levels of negotiator control over outcomes and low levels of negotiator control over procedure.
E) Arbitration typically involves none of the above.

Question 43

Disputants in low-hostility situations tend to respond better to a less active,more facilitative mediator approach.

Question 44

Formal intervention methods are

A) third party roles and behaviors that are incidental to other primary roles.
B) intentionally designed and generally follow a set of rules or standards.
C) third party actions that follow a rigid,structured procedure and set of rules.
D) third party actions implemented as part of an organizational hierarchy.
E) None of the above defines formal intervention methods.

Question 45

Advisory ADR uses the technical expertise of a third party to determine the facts in a specific situation and how the facts should be interpreted in the case.

Question 46

Third-party intervention should be avoided

A) when passions are high.
B) when the parties are at an impasse on the issues.
C) when progress is occurring or is likely to occur.
D) when the parties are unable to move the process beyond a particular sticking point.
E) Third party intervention should be avoided in all of the above situations.

Question 47

Conlon and Fasolo suggest that quick interventions tend to produce disputant feelings of lack of control and loss of voice.

Question 48

The dominant purpose of mediation and process consultation is to

A) enhance the parties' dispute resolution skills.
B) encourage the parties to "agree to disagree."
C) encourage the parties to surrender control over the outcome of their dispute to the third party's best judgment.
D) achieve a satisfactory dispute resolution at any cost.
E) None of the above states the dominant purpose of mediation and process consultation.

Question 49

The chilling effect states that

A) if negotiators anticipate that their own failure to agree will lead to a binding arbitration,they lose their incentive to work seriously for a negotiated settlement.
B) when arbitration is anticipated as a result of the failure of parties to agree,negotiators may lose interest in the process of negotiating.
C) as the frequency of arbitration increases,disenchantment with the adequacy and fairness of the process develops,and the parties may resort to other means to resolve their disputes.
D) perceived patterns of partiality toward one side may jeopardize the arbitrator's acceptability in future disputes.
E) The chilling effect states all of the above.

Question 50

The decision-acceptance effect states that

A) if negotiators anticipate that their own failure to agree will lead to a binding arbitrator's intervention,it may cool their incentive to work seriously for a negotiated settlement.
B) when arbitration is anticipated as a result of the failure of parties to agree,negotiators may lose interest in the process of negotiating.
C) as the frequency of arbitration increases,disenchantment with the adequacy and fairness of the process develops,and the parties may resort to other means to resolve their disputes.
D) arbitrated disputes may engender less commitment to the settlement than alternative forms of dispute resolution.
E) The decision-acceptance effect states all of the above.

Question 51

Process consultation has been used most commonly to improve longstanding relationships that the parties want to continue.

Question 52

Research examining how managers behave has shown that they claim to prefer mediation as a third-party style but it is not clear that managers actually use mediation unless they are specifically trained in the process.

Question 53

In process consultation,the purpose of the third party's intervention is to encourage the parties to avoid their differences in reaching an acceptable solution.

Question 54

In adversarial intervention,a manager invents a solution that he or she thinks will meet both parties' needs,and usually enforces that solution on both parties.

Question 55

Brett,Barsness and Goldberg found that mediation,when compared to arbitration,

A) was more costly.
B) was more time-consuming.
C) produced greater disputant satisfaction.
D) was more complicated to implement.
E) Brett,Barsness and Goldberg found that mediation was all of the above.

Question 56

Of all third-party interventions,mediation goes the farthest in putting the issues under dispute back in the hands of the disputing parties.

Question 57

Under what conditions might negotiators seek third-party involvement?

A) Intense emotions appear to preventing a settlement.
B) Misperceptions or stereotypes hinder productive exchanges.
C) There is disagreement as to the number or type of issues under dispute.
D) There is an absence of a clear,agreed-to negotiation procedure or protocol.
E) Negotiators might seek third-party involvement under all of the above conditions.

Question 58

Which of the following is not a benefit of third-party intervention?

A) creating breathing space or a cooling off period
B) refocusing on the substantive issues
C) salvaging the sunk cost of stalled negotiations
D) decreased levels of negotiator satisfaction with and commitment to the conflict resolution process and its outcomes
E) All of the above are benefits of third-party intervention.

Question 59

Intervention by a third party may signal that

A) the parties have built a successful relationship.
B) the parties have failed to build a relationship or manage their interdependence positively.
C) the parties have grown into negotiation partners.
D) the parties have successfully resolved a dispute.
E) Intervention by a third party signals all of the above.

Question 60

What makes ADR effective is the commitment of the company to make it work as an alternative to litigation with employees , customers, suppliers, regulators, etc.

Question 61

Which of the following is not a major part of the process consultant's agenda?

A) changing the climate for conflict management
B) promoting constructive dialogue around differences of opinion
C) creating the capacity for other people to act as their own third parties
D) determining the final resolution of the conflict
E) All of the above are major parts of the process consultant's agenda.

Question 62

What are the benefits of third-party intervention?

Question 63

Relating to "the issues" in aspects of mediation,effectiveness entails

A) saving face when making concessions.
B) resolving internal disagreements.
C) uncovering the underlying interests and concerns.
D) dealing with constituents.
E) Mediation effectiveness relating to the issues entails all of the above.

Question 64

When may mediation be less than effective?

A) when the conflict is intense.
B) when they have major differences in their expectations for a settlement.
C) when many issues are at stake.
D) when the parties disagree on major priorities.
E) Mediation tactics may be insufficient in all of the above situations.

Question 65

According to Zubek,Pruitt,Pierce,McGillicuddy and Syna,mediator behaviors positively related to successful mediation include:

A) demonstrating empathy.
B) providing reassurance.
C) displaying expertise.
D) keeping order.
E) Effective mediation behaviors include all of the above.

Question 66

When do negotiators initiate third-party interventions?

Question 67

Preventive ADR systems

A) are mechanisms for the parties to resolve their own disputes without the help of any third party.
B) are systems that companies establish to prevent disputes.
C) provide a third party neutral who assists the parties in negotiating a resolution.
D) use the technical expertise of a third party to determine the facts in a specific situation and how the facts should be interpreted in the case.
E) None of the above describes preventive ADR systems.

Question 68

Parties who are in disputes that are marked by __________ tend to respond well to forceful,proactive mediation behaviors.

A) high intensity and high levels of interparty hostility
B) low intensity and high levels of interparty hostility
C) high intensity and low levels of interparty hostility
D) low intensity and low levels of interparty hostility
E) Parties in disputes marked by all of the above respond well to proactive mediation behaviors.

Question 69

The compensation form of mediation strategy involves

A) a high concern for parties' aspirations and a high perception of common ground.
B) a high concern for parties' aspirations and a low perception of common ground.
C) a low concern for parties' aspirations and a high perception of common ground.
D) a low concern for parties' aspirations and a low perception of common ground.
E) The compensation form of mediation strategy involves none of the above.

Question 70

The inaction mediation strategy involves

A) mediator application of rewards and inducements to entice the parties into making concessions and agreements.
B) trying to force the parties to reduce their levels of aspiration in the absence of perceived potential for an integrative resolution.
C) assisting the parties to engage in integrative exchange,as they would in win-win negotiation in the mediator's absence.
D) standing back from the dispute,leaving the parties to work things out on their own.
E) The inaction mediation strategy involves all of the above.

Question 71

Research studies show that the problem-solving style of mediation

A) is a more structured,active approach to resolving conflict.
B) leads to more frequent and desirable outcomes.
C) produces more positive attitudes toward mediation.
D) decreases disputant hostility and the damaging effect of difficult conflicts based on intangible issues.
E) Research shows that all of the above are results of the problem-solving style of mediation.

Question 72

Which of the following is heavily involved in helping to establish or enhance communication and dispute resolution skills that the parties can then apply to the immediate dispute and future communication?

A) Process consultants
B) Arbitrators
C) ADR systems
D) Mediators
E) All of the above

Question 73

A corollary to the rule "No third-party involvement unless necessary," is:

Question 74

Mediators

A) have the same power as arbitrators.
B) have no formal power over outcomes.
C) have the authority to resolve the dispute on their own.
D) have the power to impose a solution.
E) Mediators have all of the above characteristics.

Question 75

In Esser and Marriott's research study,which type of mediation was found to be the most effective?

A) issue identification
B) positive framing of the issues
C) content mediation
D) mediated arbitration
E) Esser and Marriott found all of the above to be equally effective.

Question 76

What is the general process of arbitration?

Question 77

In providing impetus,the manager

A) invents a solution that he or she thinks will meet both parties' needs,and usually enforces that solution on both parties.
B) passively listens to what each side chooses to tell him or her,and then makes a decision (tells the parties how to solve the conflict)based exclusively on the presentations.
C) tries to make a quick diagnosis of what the conflict is about and then tells the parties that if they don't find a solution,he or she will impose one on them.
D) combines arbitration and mediation to arrive at a solution acceptable to all parties.
E) None of the above describes providing impetus.

Question 78

In inquisitorial intervention

A) a manager exerts high control over both the process and the decision.
B) a manager exerts high control over the decision,but not the process.
C) a manager exerts low control over the decision,but high control over the process.
D) a manager does not exert control over the decision,and only a small amount of control over the process.
E) None of the above describes inquisitorial intervention.

Question 79

Third-party intervention should be avoided as long as:

Question 80

Moore states that in the premediation stages,the mediator is attempting to

A) define issues and set an agenda.
B) establish relationships with the disputing parties.
C) generate options for settlement.
D) uncover hidden interests of the disputing parties.
E) In the premediation stages,the mediator is attempting to accomplish all of the above.