Deck 15: Third-Party Intervention

Question 1

The exaggeration of conflict bias occurs when parties on both sides of a conflict view an even-handed media report to be partial to the other side.

Answer 1

False

Question 2

The tendency for disputants to exaggerate their demands and reduce their level of concession making is known as ________.

A) the propinquity effect
B) concision
C) prior restraint
D) the chilling effect

Answer 2

D

Question 3

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

Answer 3

True

Question 4

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

A) Mediation always produces a settlement for any dispute.
B) The parties involved can be assured of an impartial settlement.
C) Each party can make concessions without appearing weak.
D) The mediator must impose a settlement on the disputants.

Question 5

A Pareto-optimal agreement is a win-win agreement.

Question 6

________ is a procedure whereby a third party assists disputants in achieving a voluntary settlement,but cannot impose a settlement on the disputants.

A) Arbitration
B) Mediation
C) Litigation
D) Adjudication

Question 7

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?

A) traditional arbitration
B) final-offer arbitration
C) arb-med
D) med-arb

Question 8

Mediated settled agreements are enforceable as contracts in courts of law.

Question 9

________ 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.

A) Mediation
B) Negotiation
C) Expert determination
D) Arbitration

Question 10

Which of the following is true of mediation-arbitration?

A) Mediation-arbitration consists of two phases that are conducted concurrently.
B) At the end of the first phase, the third party makes a decision, which is not revealed to the parties.
C) The first phase consists of an arbitration held by the third party.
D) The same third party acts as both mediator and arbitrator during the mediation-arbitration process.

Question 11

Arbitration may or may not produce a settlement.

Question 12

A mediator has process control,but no outcome control.

Question 13

Mediators who are manipulators occasionally reveal information they have gathered independently and thereby clarify misconceptions.

Question 14

Which of the following is a feature of traditional arbitration?

A) Disputants submit final proposals to the arbitrator after the conclusion of the arbitration process.
B) The final settlement is often a midpoint between the settlement terms submitted by either party.
C) The arbitrator has to choose one of the two final settlements submitted by the disputants to impose.
D) The arbitrator may choose between the settlements proposed by two parties, but cannot change them.

Question 15

Which of the following is the greatest advantage of arbitration as a method of dispute resolution?

A) Arbitration absolves the arbitrator of any blame if the results are not to the liking of either party.
B) Arbitration does not require the parties to call witnesses and offer supporting evidence for their respective positions.
C) Arbitration always produces a definite solution or settlement to any kind of dispute.
D) Arbitration curbs the tendency of disputants to ask for very extreme settlements.

Question 16

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?

A) arbitration
B) mediation
C) arb-med
D) med-arb

Question 17

Mediators' interventions are most likely to propose fixed-pie solutions when the negotiators' relationship is positive and genuine.

Question 18

Third parties should not let the desperation of the negotiators narrow their own view of the possibilities for integrative agreement.

Question 19

Adrian is pursuing a constructive dismissal dispute with his former employers,Chiles Properties.They both agree to opt for a final-offer arbitration process to resolve their dispute.Which of the following best ensures that Adrian's interests are well served?

A) Adrian should come up with a final settlement proposal that the arbitrator will consider to be fairer than that of Chiles Properties.
B) Adrian should drive a hard bargain and insist on the best possible settlement terms in his final proposal to the arbitrator.
C) Adrian should adopt settlement terms that are slightly more favorable to Chiles Properties than himself.
D) Adrian should compose his settlement proposal such that it shows his former employers in an unfavorable light.

Question 20

In general,disputants tend to underestimate the extent to which their beliefs are shared by a third party.

Question 21

The greatest benefit of arbitration-mediation is that ________.

A) it encourages disputants to settle their differences themselves
B) each side has an incentive to shape the arbitrator's final judgment by submitting an offer that is self-serving
C) it produces a high settlement rate (typically 60-80%), though settlement is not guaranteed
D) the parties involved are motivated to submit a settlement that will be viewed as most fair in the eyes of the arbitrator

Question 22

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

A) overconfidence bias
B) false attribution bias
C) exaggeration of conflict bias
D) hostile media bias

Question 23

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?

A) manipulation
B) formulation
C) facilitation
D) conception

Question 24

________ occurs when disputing parties tend to magnify the differences between themselves and the opposing party or even third parties.

A) False attribution bias
B) Hostile media bias
C) Exaggeration of conflict bias
D) Overconfidence bias

Question 25

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

A) style of mediation adopted
B) location of the mediation
C) chemistry with the parties
D) duration of the mediation process

Question 26

When disputants in conflict have asymmetrical conflict perceptions,________.

A) they are more likely to view the mediator as biased
B) they are more likely to recommend mediation to their coworkers
C) they tend to be more satisfied with the outcome of the mediation process
D) they are more likely to arrive at a Pareto-optimal win-win agreement

Question 27

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?

A) facilitation and formulation
B) confrontation and manipulation
C) manipulation and formulation
D) formulation and confrontation

Question 28

A mediator ________.

A) has process control but not outcome control
B) does not have outcome control and process control
C) has outcome control but not process control
D) has both outcome control and process control

Question 29

Any attempted actions that benefit one's own side relative to the other side constitute ________.

A) defensive behavior
B) offensive behavior
C) self-harming behavior
D) overconfident behavior

Question 30

________ is a style of third-party intervention that involves a substantive contribution by the third party to negotiations by conceiving and proposing new solutions.

A) Facilitation
B) Manipulation
C) Imposition
D) Formulation

Question 31

Which of the following examples indicates the use of the formulation style by a mediator?

A) During the 1972 crisis between North Yemen and South Yemen, the mediator, Colonel Moammar Qaddhafi of Libya, offered the delegation leaders of both sides nearly $50 million in annual aid if they did reach an agreement.
B) During the 1992 crisis between Liberia and Sierra Leone, the Economic Community of West African States (ECOWAS) successfully structured the bargaining process and proposed the outcome to which the parties ultimately agreed.
C) During the 1990 crisis between India and Pakistan, the U.S. delegation to Pakistan communicated that Pakistan's military was inferior and that the United States did not intend to help Pakistan in a war.
D) During the 1972 crisis between North Yemen and South Yemen, the mediator, Colonel Moammar Qaddhafi of Libya, threatened to hold captive the delegation leaders of both sides if they did not reach agreement.

Question 32

Which of the following third-party intervention styles is characterized by mediators who serve as a channel of communication among disputing parties?

A) formulation
B) manipulation
C) facilitation
D) imposition

Question 33

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

A) Process control
B) Internal control
C) Outcome control
D) Optimal control

Question 34

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

A) Offensive behavior
B) Productive behavior
C) Evasive behavior
D) Defensive behavior

Question 35

Which of the following is an example of an informal third-party role?

A) the U.S. imposing ceasefire over the India-Pakistan conflict over Kashmir
B) an employee intervening in a dispute between two colleagues
C) a marriage counselor facilitating a discussion of a couple's marital problems
D) the U.S. hosting a peace conference between rival factions in a civil war in an African nation

Question 36

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

A) Process control
B) Internal control
C) Outcome control
D) Optimal control

Question 37

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 ________.

A) overconfidence bias
B) false attribution bias
C) hostile media bias
D) exaggeration of conflict bias

Question 38

Which of the following examples indicates the use of the facilitation style by a mediator?

A) During the 1972 crisis between North Yemen and South Yemen, the mediator, Colonel Moammar Qaddhafi of Libya, offered the delegation leaders of both sides nearly $50 million in annual aid if they did reach an agreement.
B) During the 1992 crisis between Liberia and Sierra Leone, the Economic Community of West African States (ECOWAS) successfully structured the bargaining process and proposed the outcome to which the parties ultimately agreed.
C) During the 1990 crisis between India and Pakistan, the U.S. delegation to Pakistan communicated that Pakistan's military was inferior and that the United States did not intend to help Pakistan in a war.
D) During the 1972 crisis between North Yemen and South Yemen, the mediator, Colonel Moammar Qaddhafi of Libya, threatened to hold captive the delegation leaders of both sides if they did not reach agreement.

Question 39

________ occurs when the mediator uses his or her position and leverage to influence the bargaining process,such as by offering incentives or even threats.

A) Formulation
B) Manipulation
C) Pacification
D) Facilitation

Question 40

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

A) informal; formal
B) intergroup; interpersonal
C) formulators; facilitators
D) process-oriented; content-oriented

Question 41

What types of mediation are most preferred by disputants?

Question 42

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

A) blocking the counterparty's move to push through a proposal
B) objecting to the counterparty's wishes to reschedule the mediation process
C) insisting on holding mediation talks at a place of their choosing
D) attempting to replace a mediator perceived as favoring the counterparty

Question 43

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

Question 44

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?

A) hostile media bias
B) overconfidence bias
C) false attribution bias
D) exaggeration of conflict bias

Question 45

Which of the following skills is considered the most important in mediation?

A) the ability to create a settlement and impose it on the concerned parties
B) the ability to guarantee a settlement, either voluntary or involuntary, for the dispute
C) the ability to expand the size of the bargaining zone by discovering interests
D) the ability to maintain control over both the process and the outcome of the mediation

Question 46

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

A) Managers are more preferable as arbitrators and mediators as they have no direct stake in the outcome.
B) Managers are more likely to have technical expertise and background knowledge about the dispute.
C) Managers tend to choose mediation techniques that maximize their own control over the mediation process.
D) Managers are often considered unsuitable for mediation roles as they tend to be less outcome-oriented than other mediators.

Question 47

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

A) insisting on holding mediation talks at a place of their choosing
B) attempting to replace a mediator with one who is more likely to favor them
C) bribing a mediator to act favorably toward them
D) objecting to the counterparty's wishes to reschedule mediation talks