Deck 6: Interest-Based Negotiation

Question 1

Ron and Vera are negotiating which person should be responsible for supervising new interns. They make a list of possible solutions, such as Ron supervises, Vera supervises, and they co-supervise. What is MAKING A LIST an example of?

A) BATNAs
B) Obtaining commitments
C) Improving communication
D) Separating the person from the problem
E) Generating options

Answer 1

E

Question 2

Quincy does not like the way that Charles looks at him. Quincy focuses on the issue they are trying to resolve and sets aside his concern about how Charles looks. Quincy is using an interest-based strategy called

A) BATNAs.
B) Obtaining commitments.
C) Objective criteria.
D) Separating the person from the problem.
E) Brainstorming.

Answer 2

D

Question 3

FOCUSING ON INTERESTS NOT POSITIONS suggests that negotiators should

A) Identify their position and defend it.
B) Be soft negotiators and accommodate whatever the other person wants.
C) Identify what is truly important and negotiate based on these concerns, rather than defending just one possible solution.
D) Explore various alternatives to negotiating and determine a position that is most likely to be acceptable by the BATNA.
E) Ensure that any criteria that are used to evaluate options are based on the most interesting positions of the parties.

Answer 3

C

Question 4

When BRAINSTORMING options for mutual gain, it is useful to

A) Evaluate each option as it is raised by either party.
B) Never evaluate any of the options; just accept all of them.
C) Wait until a large number of options have been generated before starting to evaluate them.
D) Focus on the first two options that are identified, as these are likely the best ones that the parties will ever propose.
E) Establish a rule that any time a negotiator proposes an option, then that party must be willing to follow through and commit to that option.

Question 5

Rufus says he wants to go on a holiday to Tahiti. He really doesn't care if the holiday is in Tahiti. He just wants a beautiful location where he can relax. "A beautiful location where he can relax" is an example of a(n)

A) Alternative.
B) Option
C) BATNA
D) Underlying interest.
E) Objective commitment.

Question 6

What is an effective way to improve COMMUNICATION?

A) Use active listening skills.
B) Ask questions to clarify what the other person is saying.
C) Speak clearly.
D) Use respectful language.
E) All of the above.

Question 7

Which of the following is a possible advantage of using a WRITTEN CONTRACT to obtain commitments?

A) Oral agreements are NEVER enforceable.
B) It ensures that both parties are able see, discuss, and agree to what is written in the agreement.
C) Written agreements are NEVER enforceable.
D) Putting an agreement into writing ensures that neither party has been coerced or exploited by the other side.
E) Some people do not trust written contracts.

Question 8

When BRAINSTORMING OPTIONS FOR MUTUAL GAIN, both negotiators should try to offer options that are

A) Creative.
B) Related to the underlying interests of the parties.
C) Demeaning to the other party.
D) BATNAs.
E) Only (a) and (b).

Question 9

To build a POSITIVE RELATIONSHIP with another person, an interest-based negotiator should

A) Separate the person from the problem.
B) Be adversarial.
C) Focus on rights not positions.
D) Create alternatives for mutual gain.
E) Only (a) and (b).

Question 10

In negotiations, POSITIONS are

A) Underlying interests of the parties.
B) Common concerns of the parties.
C) Strategic stances or demands of the parties.
D) Options for mutual gain, often generated through brainstorming.
E) Creative solutions.

Question 11

Ronaldo and Venus seem to be headed toward court in a malpractice case. After discussing what they can do, other than going to court, they decide it is preferable to hire an arbitrator. Hiring an arbitrator in this case is their perceived

A) WATNA.
B) BATNA.
C) BATAA.
D) WATBA.
E) AC/DC Band.

Question 12

Examples of BASIC NEEDS include

A) Love and affection.
B) Self-actualization.
C) Self-esteem.
D) Sleep, shelter, and safety.
E) Only (a) and (b).

Question 13

During brainstorming and negotiations, FLIPPING refers to

A) Turning a hamburger over so that the flame cooks the raw side.
B) Reversing an option so that it applies to the other party.
C) Telling the other person that his or her options are stupid.
D) Making a firm commitment, even though the option is not wise.
E) Selecting a neutral third person to generate options.

Question 14

During negotiations, HAT SWITCHING refers to

A) Using power to persuade the other person.
B) Focusing on rights, not positions.
C) Separating the clothes from the person.
D) Adding up the different options and dividing by the number of negotiators in order to obtain the weighted average.
E) Asking someone to view the situation from another perspective.

Question 15

If the negotiating parties are having difficulty coming up with OBJECTIVE CRITERIA to apply to their conflict, they could

A) Identify credible research that might help them identify useful criteria.
B) Speak with an expert in the field who could suggest criteria.
C) Consider criteria that have been applied in similar cases.
D) Use rules or guidelines that have been developed for agency policies or professional codes of conduct.
E) All of the above.

Question 16

Which strategies from INTEREST-BASED negotiation would be most useful for a conflict in which the parties were stuck deciding between two possible solutions, neither of which could satisfy both of them?

Question 17

Two clients (husband and wife) are fighting over whether to keep the toilet seat up or down. What are their underlying interests and how might focusing on interests help them resolve their conflict?

Question 18

You want to take the summer off so you can travel. Your parents (or spouse) tell you that you should take summer classes so you can graduate early. Identify each of your underlying interests and describe how BRAINSTORMING could help you and your parents reach a win-win solution.

Question 19

A probation officer and client with an alcohol addiction are trying to decide which option for treatment would be best for the client: inpatient counseling, outpatient counseling, self-help group, or online treatment. Describe how they could use OBJECTIVE CRITERIA to help resolve this conflict.

Question 20

Describe three strategies that negotiators can use in order to foster CREATIVE OPTIONS?

Question 21

Describe how a negotiator could BUILD TRUST with a party who is not very reliable.

Question 22

Identify three strategies that negotiators can use in order to secure a solid COMMITMENT for any agreements that they reach.

Question 23

What is the difference between an ALTERNATIVE and an OPTION?

Question 24

A helping professional named Prius is preparing for negotiation with a client who is threatening to report her to the clinical supervisor for being uncaring and insensitive. Describe how Prius would determine what her BATNA is. Provide at least four examples of processes that Prius should consider.

Question 25

MEDIATION may be defined as

A) Assisted negotiation.
B) A collaborative form of conflict resolution.
C) A CR process facilitated by a neutral third party.
D) A process that can transform the way that people respond to conflict.
E) All of the above.

Question 26

The PURPOSE of mediation is

A) To settle conflict as quickly as possible.
B) To resolve underlying emotions.
C) To repair relationships.
D) To empower the parties.
E) Dependent on one's values, mandate, and approach to mediation.

Question 27

INTEREST-BASED mediators

A) Encourage parties to settle in the most efficient manner.
B) Tell clients how they should settle.
C) Provide clients with a joint problem-solving process.
D) Facilitate recognition between the parties.
E) Ignore power issues between the parties.

Question 28

SETTLEMENT-ORIENTED mediators typically

A) Spend 8 to 10 hours with each client in premediation.
B) Offer clients suggestions on how to resolve their conflict.
C) Impose a solution on the clients without listening to anything they have to say.
D) Foster mutual empathy between the parties.
E) Only (a) and (b).

Question 29

TRANSFORMATIVE MEDIATORS typically

A) Psychoanalyze their clients.
B) Encourage clients to settle as quickly as possible.
C) Focus on the process and relational issues, rather than reaching a specific type of outcome.
D) Focus on gaining a win-win solution.
E) Conclude mediation in less than 15 minutes.

Question 30

THERAPEUTIC MEDIATORS

A) Ignore power imbalances.
B) Specifically assess for power imbalances, which may be addressed in premediation.
C) Promote power imbalances.
D) Believe they should be neutral, meaning that they do not try to rectify power imbalances.
E) Empower clients by telling them how to resolve their conflicts.

Question 31

EMERGENT MEDIATORS typically

A) Use a written agreement to mediate, which specifies all the terms of the mediation process.
B) Tell clients they are mediators, even if they are not.
C) Use some mediation skills and strategies, but do not assume the persona of mediator.
D) Use arbitration to resolve conflicts.
E) Act as buffers between the parties.

Question 32

MANDATORY MEDIATION means that

A) Clients must come to an agreement in mediation.
B) Clients must go to jail if they do not reach an agreement in mediation.
C) Clients must be empowered by the mediation process.
D) Clients must try mediation before they can have access to court or other CR processes.
E) Clients must go to a mediator who is mandated to report child abuse and neglect.

Question 33

MEDIATOR NEUTRALITY is an ethical principle suggesting that a mediator should NOT

A) Have a stake in the outcome of the case.
B) Have a prior relationship that could affect the parties' perception of the mediator's ability to treat them equally.
C) Act in a way that favors one party or the other.
D) Use undue influence to persuade the parties.
E) All of the above.

Question 34

Of the following situations, when is maintaining MEDIATOR IMPARTIALITY most challenging?

A) Both parties have equal bargaining power.
B) The parties have unequal bargaining power and the mediator needs to rebalance power in order for the process to be fair.
C) Both parties have full trust in the mediator's ability to be even-handed.
D) Both parties understand that they can terminate mediation at any time.
E) Both parties have lawyers who support the mediation process and have faith in the mediator's ability to remain equidistant.

Question 35

Which of the following types of mediators tend to be LEAST DIRECTIVE with clients?

A) Settlement-focused
B) Interest-based
C) Therapeutic
D) Transformative
E) Only (a) and (b)

Question 36

Which of the following types of mediators tend to be MOST DIRECTIVE with clients?

A) Settlement-focused.
B) Interest-based.
C) Therapeutic.
D) Transformative.
E) No mediators are directive.

Question 37

Traditionally, mediators were not selected because they were neutral, but because they were

A) Very biased.
B) Well known and highly regarded.
C) Completely anonymous.
D) Free of any values.
E) Highly trained scientists from fields such as aeronautics and paleontology.

Question 38

THERAPEUTIC mediators tend to deal with

A) Commercial disputes.
B) Environmental disputes.
C) Family disputes.
D) International conflicts.
E) Terrorists and their victims.

Question 39

FEMINIST-INFORMED mediators warn that mediation may be inappropriate in some divorce situations because

A) It is difficult to properly assess for power imbalances, including wife abuse.
B) Even if mediators can assess for power imbalances, they may not be able to properly rebalance power or assure safety.
C) Mediation empowers women.
D) Mediation is a voluntary process.
E) Only (a) and (b).

Question 40

A RETAINER is

A) A method of brainstorming.
B) The opposite of recognition.
C) An agreement to mediate.
D) A method of facilitating communication.
E) A strategy used by power-based mediators to promote win-win bargaining.

Question 41

Describe two significant differences between the approaches of SETTLEMENT-FOCUSED MEDIATORS and TRANSFORMATIVE MEDIATORS.

Question 42

Describe two significant differences between the approaches of INTEREST-BASED MEDIATORS and THERAPEUTIC MEDIATORS.

Question 43

What is the difference between a CONTRACTUAL MEDIATOR and an EMERGENT MEDIATOR? Provide one example of each type of mediator to show the difference between them.

Question 44

What process goals does a THERAPEUTIC MEDIATOR try to achieve during the PREPARATION PHASE of mediation?

Question 45

Which phases of the mediation process are most important to a SETTLEMENT-FOCUSED MEDIATOR and why?

Question 46

Identify four main skills and activities that a mediator should use during the ORIENTATION TO MEDIATION PHASE.

Question 47

Write a three to four sentence description of how a mediator should explain the nature of CONFIDENTIALITY to clients. Include at least two limits on confidentiality.

Question 48

Write a three to four sentence description of how a mediator should explain the mediator's role to clients, including mediator NEUTRALITY.

Question 49

At which phase(s) of the mediation process should a mediator screen for possible abuse or violence issues? Explain why it is important to assess for abuse or violence at the phase(s) you have identified.

Question 50

What are the advantages of using a written AGREEMENT TO MEDIATE?

Question 51

What does a mediator try to accomplish during the ISSUE DEFINITION stage of mediation?

Question 52

What skills should a mediator use when clients first tell their stories during mediation? Why are these skills important at this phase of the process?

Question 53

What skills should a mediator use to help clients move from INTERESTS to POSITIONS?

Question 54

What is the difference between a need and an interest, and how might this difference be important in the mediation process?

Question 55

How important is the PROBLEM-SOLVING PHASE for a mediator using a TRANSFORMATIVE approach? Explain your answer.

Question 56

Two parties have reached an IMPASSE during mediation. Provide two examples of skills or strategies that a mediator could use to help them resolve the impasse.

Question 57

Write a two to three sentence explanation of the process of BRAINSTORMING, as you might explain it to clients.

Question 58

Why might it be useful for a mediator to explore BATNAs with clients?

Question 59

What skills or strategies should a mediator use to help clients move from a TENTATIVE AGREEMENT to a FINAL AGREEMENT?

Question 60

What factors should a mediator consider when determining whether to refer clients for independent legal advice?

Question 61

How would a transformative mediator define whether a mediation process was successful? What measures could the TRANSFORMATIVE MEDIATOR use to MEASURE SUCCESS?

Question 62

How would a settlement-focused mediator define whether a mediation process was successful? What measures could the SETTLEMENT-FOCUSED MEDIATOR use to MEASURE SUCCESS?

Question 63

How would an INTEREST-BASED mediator define whether a mediation process was successful? What measures could the INTEREST-BASED MEDIATOR use to MEASURE SUCCESS?

Question 64

What skills or strategies would a THERAPEUTIC MEDIATOR use during the FOLLOW-UP phase?

Question 65

Compare and contrast the role of a mediator with the role of a [nurse, psychotherapist, teacher, or whatever profession that you come from].

Question 66

Why is it important for a mediator to remain impartial?

Question 67

Identify three reasons that it is important to take culture into account during mediation. Explain your answers.

Question 68

Identify three skills that a mediator should use when trying to ensure that he or she properly understands the positions, interests, and expectations of a client from a different cultural background?