Dispute Resolution Study Guide Questions - 1095 Verified Questions

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Dispute Resolution Study

Guide Questions

Course Introduction

Dispute Resolution explores the theories, practices, and processes involved in resolving conflicts outside traditional courtroom litigation. The course covers negotiation, mediation, arbitration, and other alternative dispute resolution (ADR) methods, emphasizing practical skills and ethical considerations. Students will engage in simulations and case studies to develop effective communication, problem-solving, and critical thinking abilities, preparing them to apply these techniques in legal, business, and interpersonal contexts. The course also examines the role of culture, power dynamics, and legal frameworks in shaping dispute resolution outcomes.

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Negotiation Readings Exercises and Cases 6th Edition by Roy Lewicki

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Chapter 1: The Nature of Negotiation

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Q1) Negotiating parties always negotiate by ____________.

Answer: choice

Q2) Negotiations often begin with statements of opening ____________.

Answer: positions

Q3) What are the five major strategies for conflict management (as identified in the Dual Concerns framework)?

Answer: Contending, Yielding, Inaction, Problem Solving, and Compromising.

Q4) What role do concessions play when a proposal isn't readily accepted?

Answer: If the proposal isn't readily accepted by the other, negotiators begin to defend their own initial proposals and critique the others' proposals. Each party's rejoinder usually suggests alterations to the other party's proposal, and perhaps also contains changes to his or her own position. When one party agrees to make a change in his or her position, a concession has been made (Pruitt, 1981). Concessions restrict the range of options within which a solution or agreement will be reached; when a party makes a concession, the bargaining range (the difference between the preferred acceptable settlements) is further constrained.

Q5) When parties are interdependent, they have to find a way to ____________ their differences.

Answer: resolve

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Chapter 2: Strategy and Tactics of Distributive Bargaining

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Sample Questions

Q1) Aggressive behavior tactics include

A) the relentless push for further concessions.

B) asking for the best offer early in negotiations.

C) asking the other party to explain and justify their proposals item by item.

D) forcing the other side to make many concessions to reach an agreement.

E) Aggressive behavior tactics include all of the above.

Answer: E

Q2) How can a negotiation that begins with a negative bargaining range be resolved?

Answer: If one or both parties are persuaded to change their resistance points, or if someone else forces a solution upon them that one or both parties dislike.

Q3) ____________ ____________ reduces the likelihood of making verbal slips or presenting any clues that the other side could use to draw conclusions.

Answer: Selective reticence

Q4) What negative effect can be caused by using trivial items as distractions or magnifying minor issues?

Answer: The other person may become aware of this maneuver and concede on the minor points, thereby gaining the right to demand equally generous concessions on the central points.

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Page 4

Chapter 3: Strategy and Tactics of Integrative Negotiation

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Q1) Define "nonspecific compensation."

Answer: A process which allows one person to obtain his objectives and "pay off" the other person for accommodating his interests. This payoff may be unrelated to the substantive negotiation, but the party who receives it nevertheless views it as adequate for acceding to the other party's preferences.

Q2) Why might it be beneficial for parties in an integrative negotiation to know and share BATNAs?

Answer: Parties who are aware of their own alternatives to a negotiated agreement increased their walkaway points, made better negotiating trade-offs and increased the size of the resource pie, but only when both parties were aware of the alternatives. Negotiators who keep the availability of a good BATNA to themselves received some benefits to themselves but failed to obtain the additional benefits obtained when this information was shared.

Q3) Integrative negotiation requires negotiators to accept both their own and the other's attitudes, interests and desires as ____________.

Answer: valid

Q4) _________ interests are related to how the negotiations unfold.

Answer: Process

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Page 5

Chapter 4: Negotiation Strategy and Planning

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Q1) A negotiator's goals:

A) are intrinsically in conflict with his opponent's goals

B) have no boundaries or limits

C) are explicitly stated wishes

D) must be reasonably attainable

E) all of the above

Q2) What strategic negotiation purposes can be served by avoidance?

Q3) An initiation (or beginning) phase, problem-solving (or middle) phase and an ending (or resolution) phase are descriptive of ____________ negotiations.

Q4) ____________ is the most critically important activity in negotiation.

Q5) What are the advantages and disadvantages of large bargaining mixes?

Q6) Which of the Greenhalgh seven steps of negotiation do Asian negotiators spend a great deal of time on?

Q7) ____________ ____________ often requires considering how to package several issues and objectives.

Q8) Define bargaining mix.

Q9) A "field analysis" is one way to assess all the key parties in a ____________.

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Q10) Tactics are subordinate to strategy; they are structured, directed and driven by ____________ considerations.

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Chapter 5: Perception, Cognition, and Emotion

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Q1) Why are mismatches in frames between parties sources of conflicts?

Q2) What is the best remedy for the winner's curse?

Q3) Define cognitive biases.

Q4) Considering mood and emotion, negotiators are portrayed as rational beings who seem ____________, calm, and in control.

Q5) Negotiations in which the outcomes are ____________ framed tend to produce fewer concessions, reach fewer agreements, and perceive outcomes as less fair.

Q6) Explain "Irrational Escalation of Commitment."

Q7) The ____________ _________ ____________ is the tendency to neglect to use information that is available but expressed in numerical probabilities.

Q8) How does an outcome frame function in an environmental dispute?

Q9) Define perceptual distortion by generalization.

Q10) ____________ can also occur as one party uses metaphors, analogies, or specific cases to illustrate a point.

Q11) List the five concepts from Chinese culture, as identified by C. Tinsley that those attempting to negotiate in China should recognize.

Q12) Describe the double-edged effect of overconfidence.

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Chapter 6: Communication

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Q1) Define "reframing explanations."

Q2) A communicative framework for negotiation is based on what assumptions?

Q3) _____________ questions cause attention, get information and start thinking.

Q4) Encoding can be defined as

A) the facts, ideas, feelings, reactions, or thoughts that exist within individuals and act as a set of filters for interpreting the decoded messages.

B) the process by which messages are put into symbolic form.

C) the process of translating messages from their symbolic form into a form that makes sense.

D) the process by which the receiver reacts to the sender's message.

E) Decoding can be defined as all of the above.

Q5) Describe the communication model.

Q6) Gibbons, Bradac, and Busch suggest that threats can be made more credible and more compelling by using

A) positively polarized descriptions of the other party.

B) low immediacy.

C) high intensity.

D) low verbal diversity.

E) None of the above can make threats more credible and compelling.

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Chapter 7: Finding and Using Negotiation Power

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Q1) The hands of the unskilled, power can be dramatically ____________.

Q2) ____________ power is accorded to those who are seen as having achieved some level of command and mastery of a body of information.

Q3) In allocating resources, the power holder must be willing to dole them out depending on the other's ____________ with the power holder's requests.

Q4) The third type of relational power also comes from ____________ in an organizational structure, but not necessarily a hierarchical structure.

Q5) Nearly 50 years ago there were five major types of sources of power that could be exercised. All but one of the following is part of that group. Which one is not?

A) Personal power.

B) Reward power.

C) Coercive power.

D) Legitimate power.

E) Referent power.

Q6) The available labor supply, staff that can be allocated to a problem or task, temporary help is called ____________ ____________.

Q7) How can the use of threats be effective?

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Chapter 8: Influence

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Q1) In mapping the influence landscape, it is important to attend not just to the target of influence, but also to ____________ or coalitions that support the target.

Q2) What are three major things that a listener can do to resist another's influence efforts?

A) have a good BATNA, avoid public commitments, and defend one's self against the other's persuasive message

B) avoid BATNAs, make a public commitment, and pay close attention to the other's persuasive message

C) have a good BATNA, make a public commitment, and defend one's self against the other's persuasive message

D) avoid BATNAs, avoid public commitments, and pay close attention to the other's persuasive message

E) None of the above contains techniques that can be used to resist the other's influence efforts.

Q3) The ____________ route, according to Petty and Cacioppo, is characterized by subtle cues and context, with less cognitive processing of the message.

Q4) ____________ means repeating in our own words what someone else has said.

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Chapter 9: Ethics in Negotiation

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Q1) Most of the ethical questions in negotiation are about standards of ____________.

Q2) How does an organization's cultural or ethical climate contribute to the playing a key role in legitimizing inappropriate behavior?

Q3) As a result of employing an unethical tactic, the negotiator will experience positive or negative consequences. These consequences are based on:

Q4) Describe a pharmaceutical company's dilemma about its new miracle drug that will cure some forms of cancer from an "end-results" ethics perspective.

Q5) The six categories of marginally ethical negotiating tactics are: 1) competitive bargaining, 2) emotional manipulation, 3) misrepresentation, 4) misrepresentation to opponent's networks, 5) inappropriate information gathering, and 6) ____________.

Q6) What actions can a negotiator take to respond to the other party's distributive tactics or "dirty tricks?"

Q7) When were negotiators significantly more likely to see the marginally ethical tactics as appropriate?

Q8) How does locus of control affect ethical behavior?

Q9) How does age affect the use of ethically questionable tactics?

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Chapter 10: Relationships in Negotiation

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Q1) Jeswald Salacuse suggests which rule for negotiating a relationship?

A) minimize the prenegotiation stage of the relationship

B) recognize a long-term business deal as a continuing negotiation

C) eliminate the need for mediation or conciliation

D) end all discussions when the contract is signed

E) Salacuse suggests all of the above rules for negotiating a relationship.

Q2) ____________ trust exists because the parties understand and appreciate each other's wants and come to understand what they must do to sustain the other's trust.

Q3) McAllister defines ____________ as "an individual's belief in and willingness to act on the words, actions and decisions of another."

Q4) Higher ranks dominate lower ranks is an example of "authority ranking" as a fundamental relationship form. Under what other form would you find the concept of "tit-for-tat" revenge?

A) communal sharing

B) authority ranking

C) equality matching

D) market pricing

E) none of the above

Q5) Describe an equality matching relationship.

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Chapter 11: Agents, Constituencies, Audiences

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Q1) Constituents expect to profit (or lose) as a direct result of the agent's ____________, and they often select their agent based on his or her ability to achieve their goals.

Q2) Continued characterizations of the negotiator as weak, soft, or someone who sells out may lead to what outcomes?

Q3) The presence of ________________ pressures leads to longer, more time-consuming negotiations than when accountability pressures are absent.

Q4) A constituency is

A) one or more parties whose interests, demands, or priorities are being represented by the focal negotiator at the table.

B) a negotiator representing the interests of another party.

C) any individual or group of people who are not directly involved in or affected by a negotiation, but who have a chance to observe and react to the ongoing events.

D) two or more parties on the same side who are working together and collectively advocating the same positions and interests.

E) A constituency can be defined by all of the above.

Q5) Why should a negotiator use great caution in exceeding authority?

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Page 13

Chapter 12: Coalitions

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Q1) Coalition ____________ may include the amount of effort one has exerted, the ability or skill one contributes to the task or problem, or the level of expertise one has obtained.

Q2) Block sees the dominant driving force for a coalition as ____________-getting people to collectively endorse a view of greatness for their unit and organization that others will buy into.

Q3) Strategic power in coalitions

A) emerges from the availability of alternative coalition partners.

B) derives from what parties consider a fair or just distribution of the outcomes and results of a coalition.

C) is dependent on which party's arguments ultimately shape the allocation rule used by the group.

D) is shaped by the compatibility of preferences between two or more parties.

E) Strategic power in coalitions is described by all of the above.

Q4) Why are potential coalitions of interests to both coalition members and those they oppose?

Q5) Who is the founder of the coalition?

Q6) With adversaries, what happens as you focus on trying to convert or pressure them?

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Chapter 13: Multiple Parties and Teams

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Q1) In the Connect Model and the Requirements for Building a Relationship, what does the "t" stand for?

A) Toss it!

B) Try it!

C) Time it!

D) Track it!

E) Trash it!

Q2) Multiparty negotiations differ from two-party deliberations in which of the following ways?

A) Multiparty negotiations have more negotiators at the table.

B) More issues and more information are introduced than when two parties negotiate.

C) The environment changes from a one-on-one dialogue to small group discussion.

D) The process for multiparty negotiators is more complex than two-party ones.

E) All of the above statements about multiparty negotiations are true.

Q3) In ____________ technique, after a brainstormed list of solution options is created, group members rank, rate or evaluate the alternatives in terms of the degree to which each alternative solves the problem.

Q4) How can members of coalitions exert greater strength in multiparty negotiations?

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Page 15

Chapter 14: Individual Differences I: Gender and Negotiation

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Q1) There is a growing body of evidence that suggests that women are at a disadvantage in negotiations as compared to male negotiators. The nature of this disadvantage may occur in

A) being treated differently before and during negotiations than men.

B) receiving worse opening offers from the other party.

C) receiving worse outcomes in similar negotiations than males.

D) being penalized when they use the same negotiation tactic that males use successfully.

E) All of the above.

Q2) Women tend to fare worse on salary negotiations because:

A) they tend to ask for higher salaries during interviews.

B) they tend to accept what is offered them.

C) they tend to not ask for more.

D) they tend to anticipate a hypothetical salary.

E) they tend to become overly involved with salary negotiations.

Q3) What do the authors, Babcock and Laschever, argue in their recent book addressing the gender divide in negotiation?

Q4) What is the difference between sex and gender?

Q5) What role does mind-set play as a tool in negotiation for the different sexes?

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Q6) What has past research tended to find in the search for gender differences?

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Chapter 15: Individual Differences 2: Personality and Abilities

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Q1) Pro-socials

A) have a preference for outcomes that benefit both self and others with whom they are interdependent.

B) are more oriented toward problem solving.

C) achieve more integrative outcomes than pro-self negotiators

D) are more oriented toward reciprocal cooperation.

E) All of the above

Q2) In experiments by Christie and Geis, high Machs

A) attempted significantly more manipulative behaviors than low Machs.

B) initially tried harder to persuade the confederate not to cheat.

C) were constantly sought after by others to be in coalitions.

D) tended to become more exploitative over time.

E) All of the above describe the behavior of high Machs.

Q3) As identified by Thomas' research, the accommodating style is

A) high on assertiveness and low on cooperativeness.

B) low on assertiveness and high on cooperativeness.

C) high on assertiveness and high on cooperativeness.

D) low on assertiveness and low on cooperativeness.

E) None of the above describes the accommodating style.

Q4) Neale and Northcraft define perspective-taking ability as:

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Chapter 16: International and Cross-Cultural Negotiation

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Q1) The "culture-as-shared-value" approach

A) concentrates on documenting the systematic negotiation behavior of people in different cultures.

B) concentrates on understanding the central values and norms of a culture and then building a model for how these norms and values influence negotiations within that culture.

C) recognizes that all cultures contain dimensions or tensions among their different values.

D) recognizes that no human behavior is determined by a single cause.

E) All of the above are elements of the "culture as shared" value approach.

Q2) The "embrace the other party's approach" strategy involves:

Q3) What is the challenge in using the "adapt to the other party's approach" strategy?

Q4) Which of the following factors most influences relative bargaining power?

A) the extent to which negotiators frame the negotiation differently

B) tangible and intangible factors

C) management control

D) personal motivations of external stakeholders

E) None of the above factors influence relative bargaining power.

Q5) How does the nature of agreements vary between cultures?

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Chapter 17: Managing Negotiation Impasses

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Q1) When a dispute becomes personalized, turning into a win-lose feud between individuals, negotiation loses all hope of ____________.

Q2) Intransigence can be defined as

A) an unwillingness to move to any fall-back position through concession or compromise.

B) the use of concession or compromise to deceive an opponent.

C) a propensity to use distributive bargaining in all negotiation situations.

D) the escalation of power in international negotiations.

E) Intransigence can be defined as all of the above.

Q3) What are personal analogies?

Q4) The desired outcome-fresh ideas and new perspectives-becomes possible by having parties use the analogy to develop a new or amended ____________ orientation to the problem.

A)True

B)False

Q5) In carrot-and-stick tactics for motivating workers, how can the carrot be made more attractive rather than enlarging the stick

Q6) Unproductive deliberations usually become highly ____________.

Q7) What are Fisher's major approaches to fractionating conflict?

Page 19

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Chapter 18: Managing Difficult Negotiations

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Q1) The ____________ negotiation occurs in parallel with the substantive negotiation and is concerned with how the negotiation will proceed.

Q2) An ____________ is an attempt to induce compliance or force concessions from a presumably recalcitrant opponent.

Q3) Responding when the other side has more power, negotiators can utilize all but one of the following alternatives.

A) Correct the power imbalance.

B) Introduce ultimatums.

C) Cultivate their best alternative to a negotiated agreement (BATNA).

D) Formulate a "trip wire alert system."

E) Protect themselves.

Q4) The challenge at the stage of framing the problem is to change the negotiation by proactively __________ his or her tactics.

Q5) What are the advantages of Ury's "go to the balcony" approach?

Q6) What are the five steps of Ury's "breakthrough approach?"

Q7) How can a "pressured" party respond to distributive tactics?

Q8) What are the three types of power moves?

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Q9) What are the three components of ultimatums?

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Chapter 19: Third-Party Approaches to Managing Difficult Negotiations

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Q1) What is the objective of process consultation?

Q2) What is the major difference between mediation and arbitration?

Q3) 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.

Q4) 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."

Q5) What are the benefits of third-party intervention?

Q6) What is the problem solving form of mediation strategy?

Page 21

Q7) What is the biasing effect?

Q8) Define mediator flexibility.

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Page 22

Chapter 20: Best Practices in Negotiations

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Q1) Negotiators also need to remember that _____________ factors influence their own behavior (and that it is not uncommon for us to not recognize what is making us angry, defensive, or zealously committed to some idea).

Q2) Why is preparation so important for negotiators?

Q3) Negotiators should make a conscious decision about whether they are facing a fundamentally distributive negotiation, an integrative negotiation, or a

A) combative negotiation.

B) group negotiation.

C) cooperative negotiation.

D) creative negotiation.

E) a blend of both distributive and integrative negotiation.

Q4) Why is a negotiator like an athlete?

Q5) What are the three things that negotiators can do to manage the perceptions of fairness and rationality proactively?

Q6) Excellent negotiators understand that negotiation embodies a set of _____________-seemingly contradictory elements that actually occur together.

Q7) Why is the BATNA an important source of power in a negotiation?

Q8) Why is it said that reputations are like eggs?

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