Dispute Resolution
Final Test Solutions
Course Introduction
Dispute Resolution is a course that examines the theories, principles, and practical techniques involved in resolving conflicts outside traditional courtroom litigation. Students explore various methods such as negotiation, mediation, arbitration, and collaborative processes, gaining insight into their respective advantages and limitations. The course also addresses the legal, ethical, and cultural considerations in dispute resolution, equipping students with essential skills to manage and resolve disagreements effectively in legal, business, and community contexts.
Recommended Textbook
Negotiation Closing Deals Settling Disputes and Making Team Decisions 1st Edition by David S. Hames
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14 Chapters
393 Verified Questions
393 Flashcards
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Chapter 1: The Nature of Negotiation: What it is and Why it Matters
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28 Verified Questions
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Sample Questions
Q1) Recent evidence suggests that negotiations should be conducte__________ in order to find the best solutions for everyone involved.
A)By professional,third-party negotiators.
B)In one sitting.
C)Competitively.
D)Collaboratively.
Answer: D
Q2) The strategy of an integrative approach to negotiation involves:
A)Winning at any cost.
B)Competing.
C)Creating value.
D)Limiting resources.
Answer: C
Q3) The 'claiming value' negotiation strategy improves trust and the relationship between parties.
A)True
B)False
Answer: False
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Chapter 2: Preparation: Building the Foundation for Negotiating
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29 Verified Questions
29 Flashcards
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Sample Questions
Q1) Identifying the problem to be solved,opportunity to be mined,dispute to be settled or team decision to be made are all elements of:
A)Defining the situation.
B)Establishing goals.
C)Strategy formulation.
D)Defining your interests.
Answer: A
Q2) Preserving the relationship is a desirable goal in all types of negotiations.
A)True
B)False
Answer: False
Q3) Negotiators who are highly concerned with achieving their substantive goals but have significantly less concern for the relationship or for the other party's substantive goals are likely to adopt:
A)A distributive strategy.
B)An integrative strategy.
C)An interest-based strategy.
D)A principled strategy.
Answer: A
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Chapter 3: Distributive Bargaining: A Strategy for Claiming
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28 Verified Questions
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Sample Questions
Q1) Adjustments or reductions to demands are called:
A)Compromises.
B)Bargaining.
C)Concessions.
D)Aspiration levels.
Answer: C
Q2) What is a "commitment?" Discuss some of the benefits of and drawbacks to making commitments.
Answer: A commitment is a strong position combined with a pledge of a specific course of action.Commitments have several benefits.They reduce ambiguity by letting the other party know what it will take to reach an agreement.They are used to gain an advantage by limiting the other party's choices and making the other party responsible for making the deal happen.Drawbacks include reducing flexibility because once you make them you cannot take them back without losing face.They back you into a corner because other options are now off the table.The only way out of a commitment is if the other negotiator agrees or the negotiation ends.
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Chapter 4: Integrative Bargaining: A Strategy for Creating Value
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Sample Questions
Q1) Focusing on interests during the negotiation:
A)Expands the number and type of solutions that will help both sides.
B)Narrows the number and type of solutions that will help both sides.
C)Promotes egocentrism.
D)Inhibits creativity in finding solutions.
Q2) Instrumental interests refer to:
A)When you value or need something in and of itself.
B)When you value or need something because it will help you in the future.
C)Means to an end.
D)Something that you do not value but that will help you win.
Q3) Trust is important to successful integrative negotiation
A)True
B)False
Q4) Negotiators who make multiple equivalent offers have more difficulty finding integrative solutions.
A)True
B)False
Q5) Interests can be intrinsic or instrumental.
A)True
B)False
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Chapter 5: Closing Deals: Persuading the Other Party to Say
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Sample Questions
Q1) Emphasizing to the other party how much the party will save relative to the party's costs is an example of:
A)Compromise.
B)A sweetener.
C)Framing.
D)Splitting the difference.
Q2) Drawing diagrams and providing word pictures that demonstrate the positive outcomes that the other party will realize are especially effective methods for overcoming which of the following objections?
A)It does not work for me.
B)I need more time.
C)It is too expensive.
D)Too much information too fast.
Q3) How you close the deal is related to how successfully the terms of your agreement are implemented.
A)True
B)False
Q4) Describe several ways in which you can demonstrate to the other party that you care about satisfying his or her needs.
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Chapter 6: Communication-The Heart of All Negotiations
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Sample Questions
Q1) Negotiator 1: "I don't think my interests are being met adequately in your proposal."
Negotiator 2: "You're not satisfied with how our proposal satisfies your interests?"
This is an example of:
A)Paraphrasing.
B)Asking a targeted question.
C)Harmonizing.
D)Inquiring.
Q2) Focusing on the speaker and suspending judgments about what the speaker is saying are examples of:
A)Active listening.
B)Nonverbal behavior.
C)Focusing on context.
D)Vocal cues.
Q3) Rapport-building is more difficult to achieve with e-mail negotiations than with face-to-face negotiations.
A)True
B)False
Q4) What are the five elements of communication? Briefly describe each one.
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8
Chapter 7: Decision Making: Are We Truly Rational Beings?
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Sample Questions
Q1) Biases are mainly:
A)Stereotypes.
B)Unconscious.
C)Confirmation traps.
D)Conscious.
Q2) Perspective taking is an asset to a negotiator.
A)True
B)False
Q3) Paul is a negotiator who keeps distracting the other party's attention from multiple issues in order to get the other party to pay attention to the one issue that is most important to Paul.Paul is attempting to use ???__________ to his advantage.
A)Focalism.
B)Extremisn.
C)Reactive devaluation.
D)Ignoring others' cognitions.
Q4) What are the three basic categories of decision-making errors that can reduce a negotiator's effectiveness during a negotiation? Describe the origin of each and how they affect the outcome of a negotiation.
Q5) What can negotiators do to minimize the consequences of perceptual biases?
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Chapter 8: Power & influence: Changing others attitudes and behaviors
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Sample Questions
Q1) Evidence suggests that attractive negotiators are more effective at influencing the other party when they do not disclose their intention to do so,and unattractive negotiators are more persuasive when they are upfront about their intention to influence the negotiator.
A)True
B)False
Q2) The chairman of the United States Federal Reserve Board said in a television interview that he was optimistic about the economy,and stock markets rose worldwide the next day.This is an example of:
A)Legitimate power.
B)Coercive power.
C)Referent power.
D)Expert power.
Q3) The concept of "power over" reflects an integrative view of negotiation.
A)True
B)False
Q4) What steps can negotiators take to increase their power when they are negotiating with inferior power?
Page 10
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Chapter 9: Ethics: Right and Wrong Do Exist when you
Negotiate
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Sample Questions
Q1) An ethical alternative to lying about your bottom line is to:
A)Focus on your problems or needs.
B)Obtain limited authority so you do not have to lie.
C)Inject new issues with real value.
D)Commit to the other party's standards instead of committing to his or her positions.
Q2) Describe some consequences of unethical negotiation behavior for the unethical negotiator.
Q3) Which of the following is not considered ethically questionable?
A)Exaggerating your opening offer.
B)Talking to superiors of your negotiating opponent to suggest things that would undermine their confidence in your opponent.
C)Promising that good things will happen to your opponent if he or she gives you what you want,even if you know that you can't or won't deliver these things.
D)Offering future concessions in return for immediate concessions.
Q4) Misrepresenting one's BATNA can be construed as fraud.
A)True
B)False
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Chapter 10: Multiparty Negotiations: Managing the Additional
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Sample Questions
Q1) A downside to coalitions is that parties that bring more resources to the coalition may demand a greater share of whatever value is eventually created.
A)True
B)False
Q2) Pressures for conformity can either unify negotiators or escalate the conflict.
A)True
B)False
Q3) When two or more people from one party negotiate with two or more people from the other side,it is called:
A)A coalition.
B)Intra-team negotiation.
C)Inter-team negotiation.
D)Team negotiation.
Q4) Parties for whom you negotiate are called:
A)Principals.
B)Audiences.
C)Agents.
D)Constituents.
Page 12
Q5) What are some concerns to consider when using a representative?
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Chapter 11: Individual Differences
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Sample Questions
Q1) Women may be able to minimize backlash from gender stereotyping by approaching the negotiation as "power with" rather than "power over" the other party.
A)True
B)False
Q2) Appreciation,affiliation and structural connection are concerns that underlie our: A)Status.
B)Emotions.
C)Autonomy.
D)Roles.
Q3) Which of the following qualities is not associated with effective negotiating behavior?
A)Strong.
B)Accommodating.
C)Dominant.
D)Rational.
Q4) In what ways do negative emotions affect negotiation? How can you manage negative emotions to prevent them from derailing your negotiation goals?
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13
Chapter 12: International Negotiations: Managing culture and other complexities
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Sample Questions
Q1) Describe some of the complexities that are unique to international negotiations and some protections that are available for managing these complexities.
Q2) Concerns about how to trade goods,set up joint ventures and whether or not to proffer bribes are examples of:
A)Political pluralism.
B)Legal pluralism.
C)Dealing with instability and change.
D)Dealing with ideological differences.
Q3) Risk analyses should be conducted in the__________ stage of the negotiation.
A)Preparation.
B)Middle stage.
C)Final stage.
D)Implementation stage.
Q4) Collectivism and context are examples of cultural:
A)Knowledge structures.
B)Assumptions.
C)Norms.
D)Dimensions.
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Chapter 13: Difficult Negotiations: Managing Others Who
Play Dirty and Saying No to Those Who Play Nice
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Sample Questions
Q1) Strategic moves involve giving the other party incentives to listen to and consider our ideas.
A)True
B)False
Q2) To help manage the other party's use of dirty tricks productively you can:
A)Ignore them and negotiate honorably until the other party catches on that his/her behavior is inappropriate.
B)Avoid using shadow negotiations.
C)Use strategic turns to reframe the conversation.
D)Show more appreciation for the other party.
Q3) Even though sharing blame is most productive,when parties' versions of what went wrong differ,one party was actually in the right and the other was actually in the wrong.
A)True
B)False
Q4) Begin "difficult conversations" by sharing with the other party what you think went wrong and then asking the other party to share what he or she thought went wrong,too.
A)True
B)False
Page 15
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Chapter 14: Third-Party Intervention: Recourse When
Negotiations Sputter or Fail?
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Sample Questions
Q1) Define mediation and arbitration,and briefly describe the basic process used in each.
Q2) To avoid what they expect will be an inefficient use of their time,disputants defer to the arbitration option too quickly.This phenomenon refers to:
A)The half-life effect.
B)The narcotic effect.
C)The motivator effect.
D)Characteristics of the parties.
Q3) Custom and past practice refer to:
A)Two methods used by arbitrators to interpret cases.
B)Interpreting cases by using precedent cases and decisions.
C)Interpreting cases by using the contract or policy manual.
D)Interpreting cases by considering the minutes or notes collected when the provision at issue was written or negotiated.
Q4) The most common forms of alternative dispute resolution are:
A)Litigation,negotiation and mediation.
B)Mini-trials,mediation and arbitration.
C)Negotiation,mediation and arbitration.
D)Process consultation,mediation and arbitration.
Page 16
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