Law and Negotiation
Midterm Exam
Course Introduction
Law and Negotiation explores the interplay between legal frameworks and negotiation strategies in both domestic and international contexts. The course examines the principles of negotiation theory, styles, and tactics within the constraints and opportunities presented by the law. Students develop practical skills in client counseling, contract formation, dispute resolution, and mediation through simulated negotiations and case studies. Emphasis is placed on ethical considerations, effective communication, and the role of lawyers as negotiators, with analysis of real-world scenarios across various legal fields such as business, employment, and international relations.
Recommended Textbook
Negotiation Readings Exercises and Cases 6th Edition by Roy Lewicki
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Page 2
Chapter 1: The Nature of Negotiation
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Sample Questions
Q1) Most actual negotiations are a combination of claiming and ____________ value processes.
Answer: creating
Q2) A situation in which solutions exist so that both parties are trying to find a mutually acceptable solution to a complex conflict is known as which of the following?
A) mutual gains
B) win-lose
C) zero-sum
D) win-win
E) None of the above.
Answer: D
Q3) How does decreased communication contribute as one of the destructive images of conflict in a negotiation?
Answer: Productive communication declines with conflict. Parties communicate less with those who disagree with them, and more with those who agree. The communication that does occur is often an attempt to defeat, demean, or debunk the other's view or to strengthen one's own prior arguments.
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Chapter 2: Strategy and Tactics of Distributive Bargaining
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Q1) The ____________ ____________ tactic occurs when negotiators overwhelm the other party with so much information that they have trouble determining which information is real or important.
Answer: snow job
Q2) List several information sources one can use to indirectly assess the other party's resistance point.
Answer: Making direct observations, consulting readily available documents and publications, talking to knowledgeable experts.
Q3) Define selective presentation.
Answer: Negotiators reveal only the facts necessary to support their case.
Q4) Most hardball tactics are designed to either ____________ the appearance of the bargaining position of the person using the tactic or to ____________ ____________ the appearance of the options available to the other party.
Answer: enhance, detract from
Q5) Another way to strengthen a commitment is to ____________ with one or more allies.
Answer: link
Q6) Define bargaining mix.
Answer: The package of issues for negotiation.
Page 4
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Chapter 3: Strategy and Tactics of Integrative Negotiation
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Sample Questions
Q1) Problem definition should specify what ____________ must be overcome for the goal to be attained.
Answer: obstacles
Q2) Which guideline should be used in evaluating options and reaching a consensus?
A) keep the range of solution options as wide as possible
B) evaluate the solutions on the basis of speed and expediency
C) keep detailed records throughout the discussion and evaluation process
D) be alert to the influence of intangibles in selecting options
E) None of the above should be used in the evaluation process.
Answer: D
Q3) Why should criteria be decided in advance of evaluating options?
Answer: If the parties first debate their criteria and determine which ones are most important, they will be able to decide on criteria independent of the consideration of any particular candidate or option. Then, when they consider the individual candidates or options, they will pick the best one based on these criteria, not on the individual preferences of one side or the other.
Q4) Integrative negotiation requires negotiators to accept both their own and the other's attitudes, interests and desires as ____________.
Answer: valid
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Chapter 4: Negotiation Strategy and Planning
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Q1) A "field analysis" is one way to assess all the key parties in a ____________.
Q2) A ____________ ____________ is the place where you decide that you should absolutely stop the negotiation rather than continue because any settlement beyond this point is not minimally acceptable.
Q3) Which of the following is not a reason that negotiations fail?
A) Allowing insufficient time for planning
B) Failing to set clear objectives
C) Understanding the strengths and weaknesses of their and the other party's positions
D) Depending on being quick and clever during negotiations
Q4) What information do we need about the other party to prepare effectively?
Q5) What are the three types of goals?
Q6) ____________ issues are often difficult to discuss and rank-order.
Q7) ____________ strategies tend to create "we-they" or "superiority-inferiority" patterns, which often lead to distortions in judgment regarding the other side's contributions and efforts, and to distortions in perceptions of the other side's values, needs and positions.
Q8) In a ____________ negotiation, the other party may be less likely to disclose information, and/or may misrepresent their limits and alternatives.
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Chapter 5: Perception, Cognition, and Emotion
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Q1) Reactive devaluation
A) leads negotiators to minimize the magnitude of a concession made by a disliked other.
B) leads to reduced willingness to respond with a concession of equal size.
C) may be minimized by maintaining a more objective view of the process.
D) can lead to motivation to seek even more once a concession has been made.
E) All of the above are elements of reactive devaluation.
Q2) Negative emotions may lead parties to
A) more integrative processes
B) escalate the conflict
C) promote persistence
D) define the situation as integrative
E) more integrative outcomes
Q3) How does projection occur?
Q4) How are frames critical in negotiations?
Q5) How does an outcome frame function in an environmental dispute?
Q6) Disputes settled by ____________ usually create clear winners and losers.
Q7) Define perception.
Q9) ____________ in frames between parties are sources of conflict. Page 7
Q8) Why are mismatches in frames between parties sources of conflicts?
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Page 8
Chapter 6: Communication
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Q1) Define "reframing explanations."
Q2) Define exonerating circumstances.
A) Negotiators suggest that they had no choice in taking the positions they did.
B) Negotiators explain their positions from a broader perspective, suggesting that while their current position may appear negative it derives from positive motives.
C) Outcomes can be explained by changing the context.
D) Negotiators who use multiple explanations are more likely to have better outcomes.
E) None of the above can define exonerating circumstances.
Q3) Some nonverbal acts, called attending behaviors, are particularly important in connecting with another person during a coordinated interaction like negotiation. Why?
Q4) _____________ questions cause attention, get information and start thinking.
Q5) What three main techniques are available for improving communication in negotiation?
Q6) A communicator who wishes to convey an emotional appeal may risk message ____________ in writing when a personal conversation would make it easier to convey emotion.
Q7) _____________ and ____________ are the conduits by which messages are carried.
Page 9
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Chapter 7: Finding and Using Negotiation Power
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Q1) Tactics designed to create power equalization are often employed as a way to A) gain advantage in a distributive bargaining situation.
B) block the other's power moves.
C) level the playing field.
D) diminish the expert power of the other party.
E) Tactics designed to create power equalization are often employed to accomplish all of the above.
Q2) ____________ power is accorded to those who are seen as having achieved some level of command and mastery of a body of information.
Q3) Describe how strength of ties between individuals in an organization works.
Q4) The hands of the unskilled, power can be dramatically ____________.
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) If power is in the eye of the beholder, then how is power effective?
Page 10
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Chapter 8: Influence
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Q1) When can messages that contain threats be useful?
Q2) What is the central route to persuasion, as defined by Petty and Cacioppo?
Q3) 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.
Q4) The ____________ effect states that the first item in a long list of items is the one most likely to be remembered.
Q5) Negotiators who can use active approaches are generally more persuasive than those who don't, since an active approach requires the receiver to exert effort, which leads to involvement, which leads to ____________.
Q6) Rather than immediately getting down to business, successful negotiators use friendliness to:
Q7) What is the recency effect? When should it be used?
Q8) One of the most effective ways of getting people to stand firm on a position is to have them make a ____________ ____________ to that position.
Q9) When presenting a two-sided argument, it is more effective to present the preferred argument ____________.
Q10) ____________ means repeating in our own words what someone else has said.
Page 11
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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) Negotiators with relatively more power are more likely to abuse that power by using:
Q3) ____________ hold that the moral value and worth of a particular action is judged on the basis of the consequences it produces.
Q4) Studies show that women make more ethical judgments, but only when the consequences of their decisions affect:
Q5) Considering the categories of marginally ethical negotiating tactics, what is the difference between misrepresentation and misrepresentation to opponent's networks?
Q6) Negotiators who are considering the use of deceptive tactics should ask themselves what three questions in order to evaluate the desirability of the tactic?
Q7) The purpose of using ethically ambiguous negotiating tactics is to increase the negotiator's ______________ in the bargaining environment.
Q8) Define ethics.
Q9) What is the ethical danger of using agents in negotiation?
Q10) What is the role of incentives?
Page 12
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Chapter 10: Relationships in Negotiation
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Sample Questions
Q1) Why are some research questions best answered under controlled laboratory conditions?
Q2) Define identification-based trust.
Q3) Reputation is:
A) a perceptual identity.
B) reflective of the combination of personal characteristics.
C) demonstrated behavior.
D) intended images preserved over time.
E) all of the above statements define reputation.
Q4) Integrative processes tend to increase trust, while more ____________ processes are likely to decrease trust.
Q5) What does Salacuse say is the importance of prenegotiation?
Q6) How do people view goods in a market-pricing relationship?
Q7) Which type of justice is about the process of determining outcomes?
A) Distributive
B) Interactive
C) Procedural
D) Systemic
E) None of the above.
Q8) How does an egocentric bias play out in judgments about fairness?
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Chapter 11: Agents, Constituencies, Audiences
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Q1) The "harmony-and-light speech"
A) communicates that the other negotiator is interested in building a personal relationship.
B) indicates that the parties are adamant in their positions.
C) is a clear sign that negotiations will be tense.
D) is another name for a deadlocked negotiation.
E) The "harmony and light speech" accomplishes none of the above.
Q2) How can a constituency be used tactically to show support for a bargaining position?
Q3) Conducting negotiations through an agent who is not the senior person allows the organization to limit its ____________ by limiting the negotiator's power and authority to make decisions.
Q4) What is a negotiator's intent when communicating directly to bystanders and audiences?
Q5) How can a concern for reputations create a problem for agents?
Q6) How does a negotiator develop relationships with both his or her constituency and with the other party?
Q7) What are the two purposes of informal meetings between negotiators?
Q8) Define constituency.
Q9) Why do constituencies use agents?
Page 14
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Page 15
Chapter 12: Coalitions
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Q1) What is the strength in weakness argument?
Q2) In general, people form coalitions to preserve or increase their ____________.
Q3) According to Murnighan, "When anyone will do, interchangeability favors those who appear ____________."
Q4) Allies can be defined as
A) people with whom a negotiator has conflicting goals and objectives, but who can be trusted to be principled and candid in their opposition.
B) parties who are in agreement with their goals and vision, and whom the negotiator trusts.
C) parties with whom a negotiator has high agreement on the vision or objectives, but low to moderate levels of trust.
D) negotiators who are low in agreement and low in trust.
E) None of the above statements defines allies.
Q5) The "strength-is-____________" theory states that the more resources one holds or controls, the more likely that he or she is likely to be a critical coalition member.
Q6) How do relationship dynamics affect the formation and stability of coalitions?
Q7) Why do coalitions form?
Q8) What are recurring coalitions?
Page 16
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Chapter 13: Multiple Parties and Teams
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Q1) During the information management phase, coordinators
A) "patrol" the environment and bring in relevant external information that may be useful to the group.
B) represent a formal link to some important constituency and help to acquire resources the group needs to continue to operate.
C) provide a more formal link between the group members and the constituencies they represent.
D) are specifically designated to keep some information inside the group and assure that there are no leaks or premature disclosures of key information or discussions.
E) Coordinators accomplish all of the above.
Q2) Additional parties may be invited to a multiparty negotiation to:
Q3) The prenegotiation phase of multilateral negotiations
A) is when the parties are employing decision rules and criteria.
B) manages the group process and outcome.
C) is when the chair is appointed.
D) is characterized by lots of informal contact among the parties.
E) All of the above characterize the prenegotiation phase of multilateral negotiations.
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Chapter 14: Individual Differences I: Gender and Negotiation
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Q1) According to Kolb and Coolidge, during a negotiation women tend to A) use dialogue to convince the other party that their position is correct.
B) demarcate negotiating from other behaviors that occur in the relationship.
C) seek empowerment when there is interaction among all parties in the relationship.
D) use power to achieve their own goals.
E) All of the above.
Q2) What do the authors, Babcock and Laschever, argue in their recent book addressing the gender divide in negotiation?
Q3) In the study comparing the behavior of men and women in the "ultimatum game" the moral of the story seems to be that negotiators often harbor and act upon questionable assumptions that women will ____________ less and ____________ more.
Q4) The search for gender ____________ is the most researched individual difference topic in negotiation.
Q5) A study on aggressive behavior showed that females were ____________ times less likely to be hired when aggressive.
Q6) What did researchers find in how same-sex pairs of men and women negotiated in a low-conflict bargaining situation?
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Chapter 15: Individual Differences 2: Personality and Abilities
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Q1) Neale and Northcraft found that experts were more ____________ at the beginning of the negotiations than were amateurs.
A)True
B)False
Q2) With respect to distributive bargaining (a price negotiation simulation), Barry and Friedman found that negotiators higher in extraversion and agreeableness were more likely to do ____________ for themselves.
Q3) The two levels of concern underlying the five conflict management styles are the degree of concern a conflicting party shows for his or her ____________ ____________, and the degree of concern shown for the ____________ ____________.
Q4) ____________ ____________ orientations are preferences that people have regarding the kinds of outcomes they prefer in social settings where interdependence with others is present.
Q5) Gist, Stevens and Bavetta suggest that people higher in self-efficacy were more likely to set ____________ goals before a negotiation.
Q6) List characteristics of Machiavellianism .
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Q7) What are the five major conflict management styles that Thomas' research identified?
Chapter 16: International and Cross-Cultural Negotiation
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Q1) In order to understand the complexity of international negotiations, one must understand how the factors in both the ____________ and ____________ contexts can influence negotiation processes and outcomes.
Q2) What is the main challenge for every global negotiator?
Q3) There are six factors identified by Salacuse in the environmental context that make international negotiations more challenging than domestic negotiations they are: political and legal pluralism, international economics, foreign governments and bureaucracies, instability, ideology, and ____________.
Q4) The most frequently studied aspect of international negotiation is ____________.
Q5) Which of the following is an immediate context factor in cross-cultural negotiations?
A) external stakeholders
B) instability
C) international economic factors
D) relationship between negotiators
E) All of the above are immediate context factors in cross-cultural negotiations.
Q6) Phatak and Habib define external stakeholders as:
Q7) How does ideology contribute to making international negotiations difficult?
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Chapter 17: Managing Negotiation Impasses
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Q1) Extreme cases of contentious negotiations often result in escalating ____________ and increasing levels of interpersonal ____________.
Q2) Which of the following techniques is the least effective in resolving impasses and defusing volatile emotion?
A) separating the parties
B) tension management
C) active listening
D) synchronized de-escalation
E) all of the above techniques aid in resolving impasses
Q3) A common ____________ is a negative form of superordinate goal.
Q4) How does a value difference have a particular important influence on the impasse of negotiations?
Q5) Which of the following is not one of Fisher's major approaches to fractionating conflict?
A) reduce the number of parties on each side
B) restrict the precedents involved, both procedural and substantive
C) state issues in concrete terms rather than as principles
D) role reversal and imaging processes
E) All of the above encompass Fisher's approaches to fractionating conflict.
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Chapter 18: Managing Difficult Negotiations
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Q1) 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.
Q2) Strategic levers available to help people navigate the shadow negotiation include power moves, appreciative moves and one other of the following.
A) collaborative moves
B) process moves
C) pressure moves
D) social moves
E) perspective moves
Q3) Kolb and Williams suggest that negotiators ignore shadow negotiations at their peril because the unaddressed shadow negotiation can lead to negotiations that are ____________ or ____________.
Q4) Sometimes problems in negotiation can be traced to difficulties in the other party's ____________ style.
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Chapter 19: Third-Party Approaches to Managing Difficult Negotiations
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Q1) What occurs in adversarial intervention?
Q2) Under what conditions might negotiators seek third-party involvement?
A) Intense emotions appear to preventing a settlement.
B) Misperceptions or stereotypes hinder productive exchanges.
C) There is disagreement as to the number or type of issues under dispute.
D) There is an absence of a clear, agreed-to negotiation procedure or protocol.
E) Negotiators might seek third-party involvement under all of the above conditions.
Q3) Third-party intervention should be avoided
A) when passions are high.
B) when the parties are at am impasse on the issues.
C) when progress is occurring or is likely to occur.
D) when the parties are unable to move the process beyond a particular sticking point.
E) Third party intervention should be avoided in all of the above situations.
Q4) What is the major difference between mediation and arbitration?
Q5) ____________ can be viewed as the result of negotiators' agreement to disagree, and a willingness to surrender control over the outcome of their dispute.
Q6) What is the general process of arbitration?
Page 23
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Chapter 20: Best Practices in Negotiations
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Q1) Why do negotiators need to manage the paradox between sticking with their prepared strategy and pursuing a new opportunity that arises during the process?
Q2) At the top of the best practice list for every negotiator is
A) managing coalitions.
B) diagnosing the structure of the negotiation.
C) remembering the intangibles.
D) preparation.
E) protecting your reputation.
Q3) Negotiators who take the time to pause and reflect on their negotiations will find that they continue to refine their skills, and that they remain sharp and focused for their _____________ negotiations.
A)True
B)False
Q4) Excellent negotiators understand that negotiation embodies a set of _____________-seemingly contradictory elements that actually occur together.
Q5) Why is preparation so important for negotiators?
Q6) Why is it said that reputations are like eggs?
Q7) Negotiators who are better prepared have numerous _____________.
Page 24
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