Question 1

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

Accepted Answer

The answer of Describe how a negotiator could BUILD TRUST...

Question 2

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

Accepted Answer

The answer of Identify three strategies that negotiators can use...

Question 3

What is the difference between an ALTERNATIVE and an OPTION?

Accepted Answer

The answer of What is the difference between an ALTERNATIVE...

Question 4

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.

Accepted Answer

The answer of A helping professional named Prius is preparing...

Question 5

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.

Accepted Answer

Mediation encompasses all these aspects: it is assisted negotiation, a collaborative conflict resolution method, facilitated by a neutral third party, and can transform conflict responses.

Question 6

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.

Accepted Answer

The purpose of mediation can vary depending on the mediator's values, mandate, and approach, making it adaptable to different situations and needs.

Question 7

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.

Accepted Answer

Interest-based mediators focus on helping parties identify their underlying interests and work collaboratively towards a mutually beneficial solution, often through a joint problem-solving process.

Question 8

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).

Accepted Answer

Settlement-oriented mediators focus on helping parties reach an agreement, often by offering suggestions on how to resolve their conflict.

Question 9

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.

Accepted Answer

Transformative mediators prioritize the process and relational dynamics between parties, aiming to empower them and recognize each other's perspectives, rather than pushing for a specific outcome or quick settlement.

Question 10

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.

Accepted Answer

Therapeutic mediators are trained to identify and address power imbalances to ensure a fair and balanced mediation process.

Question 11

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.

Accepted Answer

Emergent mediators use some mediation skills and strategies but do not fully take on the role or identity of a mediator.

Question 12

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.

Accepted Answer

Mandatory mediation requires clients to attempt mediation before proceeding to court or other conflict resolution processes. It does not require reaching an agreement, but rather participation in the process.

Question 13

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.

Accepted Answer

Mediator neutrality requires that the mediator does not have a stake in the outcome, avoids prior relationships that could affect impartiality, does not favor any party, and refrains from using undue influence.

Question 14

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.

Accepted Answer

Maintaining mediator impartiality is most challenging when the parties have unequal bargaining power, as the mediator may feel the need to intervene to rebalance power, which can compromise impartiality.

Question 15

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)

Accepted Answer

Transformative mediators focus on empowering the parties and encouraging mutual recognition, allowing the parties to direct the process themselves rather than guiding them towards a specific outcome.

Question 16

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.

Accepted Answer

Settlement-focused mediators are most directive as they actively guide parties towards reaching a settlement, often suggesting solutions and pushing for agreement.

Question 17

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.

Accepted Answer

Traditionally, mediators were chosen for their reputation and respect within the community, which often helped in gaining the trust and cooperation of the parties involved.

Question 18

THERAPEUTIC mediators tend to deal with
A) Commercial disputes.
B) Environmental disputes.
C) Family disputes.
D) International conflicts.
E) Terrorists and their victims.

Accepted Answer

Therapeutic mediators focus on resolving family disputes, often involving emotional and relational issues, to improve family dynamics and relationships.

Question 19

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).

Accepted Answer

Feminist-informed mediators caution against mediation in divorce cases with power imbalances, such as abuse, because it can be challenging to assess and address these issues effectively, potentially compromising safety and fairness.

Question 20

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.

Accepted Answer

A retainer is an agreement, often used in legal contexts, where a client hires a professional, such as a lawyer, to provide services.

Quiz 6: Interest-Based Negotiation

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

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

What is the difference between an ALTERNATIVE and an OPTION?

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.

MEDIATION may be defined as

The PURPOSE of mediation is

INTEREST-BASED mediators

SETTLEMENT-ORIENTED mediators typically

TRANSFORMATIVE MEDIATORS typically

THERAPEUTIC MEDIATORS

EMERGENT MEDIATORS typically

MANDATORY MEDIATION means that

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

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

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

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

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

THERAPEUTIC mediators tend to deal with

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

A RETAINER is