Law and Negotiation Study Guide Questions
Course Introduction
Law and Negotiation explores the intersection of legal principles and negotiation strategies, equipping students with the knowledge and skills necessary to effectively navigate negotiations within legal contexts. The course covers foundational negotiation theory, bargaining tactics, ethical considerations, and dispute resolution mechanisms. Through case studies, simulations, and practical exercises, students learn how laws and regulations shape negotiation processes and outcomes, how to communicate effectively under adversarial and cooperative conditions, and how to reach optimal agreements while upholding legal and professional standards. This course is ideal for those seeking to enhance their advocacy, problem-solving, and conflict management abilities in legal, business, or organizational settings.
Recommended Textbook
The Mind and Heart of the Negotiator 5th Edition by Leigh Thompson
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Page 2
Chapter 1: Negotiation: The Mind and the Heart
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Sample Questions
Q1) Identify an instance where the second statement explains the reason for the first statement.
A) Statement 1: Negotiations ended in a "walking away from the table" situation. Statement 2: The negotiator was driven by hubris.
B) Statement 1: Negotiators failed to recognize and capitalize on their win-win potential. Statement 2: Negotiation was conducted in a protected environment.
C) Statement 1: One of the negotiators made large concessions, resulting in a too-small share of the bargaining pie. Statement 2: The negotiator was driven by pride and ego.
D) Statement 1: The best alternative was not chosen in a negotiation. Statement 2: Both the parties were not interested in the outcome of the negotiation.
Answer: A
Q2) According to the negotiation myth of fixed-pie,________.
A) what is settled for must be achieved by hook or by crook
B) the party with a distinct advantage can throw its weight around C) the very fact that causes one to lose ground causes the other to gain ground
D) negotiators are born and cannot be made
Answer: C
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Page 3
Chapter 2: Preparation: What to Do Before Negotiation
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Q1) Jennifer,the sales manager of a firm,does not plan well in advance for her negotiations with clients.Her negotiation often focuses on an arbitrary value that she fixes before the negotiation as a reservation price.This arbitrary value is called a
A) focal point
B) reference point
C) cost point
D) fleeting target
Answer: A
Q2) Reactive devaluation negotiation behavior is exhibited by negotiators who ________.
A) know what the target is and are willing to make a few minor compromises
B) do not know what the target is and make major compromises
C) know what the target is but end up paying far more than deemed necessary
D) do not know what the target is but do not want what is being offered
Answer: D
Q3) Though a negotiation blunder,the winner's curse can be remedied in many cases.
A)True
B)False
Answer: False
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Chapter 3: Distributive Negotiation: Slicing the Pie
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Q1) The ________ occurs when the negotiator's first offer is immediately accepted by the counterparty.
A) framing effect
B) winner's curse
C) distinction bias
D) chilling effect
Answer: B
Q2) Which of the following fairness principles prescribes equal shares for all?
A) blind justice
B) equity rule
C) welfare-based allocation
D) reciprocal rule
Answer: A
Q3) Since a BATNA is based on subjective factors,it is usually not verifiable.
A)True
B)False
Answer: False
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Page 5
Chapter 4: Win-Win Negotiation: Expanding the Pie
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Q1) A win-win negotiation is only achieved when parties make equal concessions or split the difference.
A)True
B)False
Q2) Negotiators can capitalize on the reciprocity principle by ________.
A) both parties keeping high aspiration points
B) both parties sharing information about their interests
C) both parties keeping low aspiration points
D) both parties hiding their reservation points
Q3) The multiple-offer strategy involves ________.
A) devising multiple single-issue offers
B) devising offers that split the difference between the parties
C) making all the offers sequentially
D) devising offers that are all of equal value to yourself
Q4) What does logrolling imply?
A) making an initial demand beyond the zone of acceptability
B) capitalizing on differences by making bets based upon different world occurrences
C) trading off in order to benefit from divergent strengths of preference
D) making the initial demand within the zone of acceptability
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Chapter 5: Developing a Negotiating Style
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Q1) Meg is negotiating a sales contract for selling the shirts manufactured by her company.She wants to use the interests-based approach for negotiation but she soon realizes that the other party is using the rights-based approach.Meg considers various possible strategies for refocusing the other party's approach toward interests.She suddenly remembers the study conducted by Goldberg and decides to select the strategy which was identified as the most effective strategy by that study.Based on this information,identify the strategy selected by Meg.
A) reciprocation
B) process intervention
C) behavioral reinforcement
D) mixed-message approach
Q2) According to a study carried out by Goldberg,which of the following strategies is the least effective for moving your opponents back to interests-based negotiations?
A) reciprocation
B) process intervention
C) mixed-message approach
D) behavioral reinforcement
Q3) Discuss the effect of emotional intelligence on negotiated outcomes.
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Chapter 6: Establishing Trust and Building a Relationship
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Q1) Briefly describe the pitfalls of embedded relationships.
Q2) A negotiator has a history of successful negotiations under his belt.Although he has clearly has not been up to scratch in the recent past,he is still considered the best negotiator in his company.What effect can it be attributed to?
A) the propinquity effect
B) the halo effect
C) the projection effect
D) the mere exposure effect
Q3) Which of the following is an area assessed by the Subjective Value Inventory when applied to negotiators?
A) determination of a strategy
B) trust between negotiators
C) cost analysis of options
D) causes of the dispute
Q4) Surveillance helps reinforce the behaviors that monitoring intends to ensure.
A)True
B)False
Q5) Distinguish between knowledge-based trust and identification-based trust.
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Chapter 7: Power,Persuasion,and Ethics
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Q1) People are risk-averse for losses and risk-seeking when it comes to gains.
A)True
B)False
Q2) You are negotiating a sales contract for your company.During the negotiation,your opponent asks for a very large concession or favor from you which you are most likely to refuse.When you refuse the request,the negotiator makes a much smaller request,which is the option he or she wanted all along.Which of the following techniques of negotiation is being used by your opponent?
A) sweetening the deal technique
B) foot-in-the-door
C) door-in-the-face technique
D) reactance
Q3) Which of the following is an unethical traditional competitive bargaining behavior?
A) using a rights-based approach during the negotiation
B) making very high or low opening offers
C) making your opening offer your final offer
D) giving out false information about your reservation point
Q4) Discuss the door-in-the-face technique of persuasion.
Q5) Discuss primary and the secondary status characteristics.
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Chapter 8: Creativity and Problem Solving in Negotiations
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Q1) A negotiator weighs the pros and cons of every decision she faces with a view to maximizing her returns.What decision-making model is she resorting to?
A) exploratory research
B) content analysis
C) case study
D) cost-benefit analysis
Q2) Which of the following examples illustrates the concept of nonspecific compensation?
A) Gary frames the issue under negotiation in terms of the potential problems rather than dwelling on shared interests.
B) Jake trades off a concession on a less important item for a concession from his opposite on a more important item.
C) Sally agrees to a compromise and is remunerated for her work in services rather than cash.
D) Piper undertakes to cancel an outstanding debt from her competitor in return for publicity rights.
Q3) Distinguish between inductive and deductive reasoning.
Q4) Briefly explain the rational problem solving model.
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10
Chapter 9: Multiple Parties,Coalitions,and Teams
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Q1) The ________ occurs when negotiators focus on reaching common ground with the other party and are reluctant to accept differences of interest,even when such acceptance might create viable options for joint gain.
A) confirmation bias
B) primacy effect
C) agreement bias
D) ingroup bias
Q2) Which of the following increases the likelihood of information pooling within a team?
A) The conformity pressure within the team is high.
B) The team members share a relationship outside the team.
C) The group is common-identity rather than common-bond.
D) The group comprises people from very different backgrounds.
Q3) Consensus agreements do not imply unanimity.
A)True
B)False
Q4) Discuss the disadvantages of majority rule.
Q5) Groups should aim to maximize agreement bias and use sequential bargaining.
A)True
B)False
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Chapter 10: Cross-Cultural Negotiation
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Q1) Which cultural dimension can be seen from the fact that U.S.negotiators subscribe to self-interest and joint problem-solving norms,while Hong Kong Chinese negotiators subscribe to an equity norm?
A) individualism-collectivism
B) egalitarianism-hierarchy
C) direct-indirect communication
D) simultaneous-parallel communication
Q2) What is inquisitorial adjudication?
A) Disputants retain full control over the discussion process and settlement outcome.
B) A judge makes a binding settlement decision, but disputants retain control of the process.
C) Disputants yield to a third party control over both the process and the final decision.
D) Disputants retain control over the final decision, but a third party guides the process.
Q3) Economics is the unique character of a social group.
A)True
B)False
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12
Chapter 11: Tacit Negotiations and Social Dilemmas
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Q1) Which of the following is a form of social dilemma?
A) public fences
B) environmental traps
C) social fences
D) collective traps
Q2) The rational pursuit of self-interest is detrimental to collective welfare.
A)True
B)False
Q3) William and Julia are talking about environmental pollution and how,on an individual level,they can take some action to stop further pollution of the environment.William believes that reduction of his carbon footprint alone will not improve the environment since one individual's impact on the environment is negligible.He therefore does not bother much about it.If everyone were to follow William's belief it would result in a phenomenon known as the ________.
A) backward intention
B) tragedy of commons
C) social dilemma
D) dominance strategy
Q4) Explain how escalation of commitment can be avoided in a negotiation?
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Chapter 12: Negotiating Via Information Technology
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Q1) The ________ of a communication medium is the potential information-carrying capacity of the communication medium.
A) breadth
B) intensity
C) richness
D) depth
Q2) Negotiators who communicate face-to-face are less likely to reach deals and avoid impasses than are e-negotiators.
A)True
B)False
Q3) Discuss the key biases that affect the ability of people to negotiate via e-mail.
Q4) Relative to face-to-face negotiations,people who negotiate online ________.
A) trust each other more before beginning the negotiation
B) are more interested in future relationships with the other party
C) trust each other more after the online interaction
D) report less overall satisfaction with the negotiation
Q5) Face-to-face meetings are ideal for wrestling with complex negotiations.
A)True
B)False
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Chapter 13: Are You a Rational Person Check Yourself
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Q1) Alturo Corporation provides IT products and services in five European countries.Its services include IT infrastructure,maintenance services,and technology-based support services.In an attempt to explore the Asian market,Alturo considers a joint venture with CST Corporation,a Chinese company that provides services and products for computer hardware products.The company initiates negotiations with the executives of CST Corporation.Which of the following pieces of information,if true,would construct a symmetric bargaining situation under this circumstance?
A) Alturo Corporation is financially stronger than CST Corporation and is considering an acquisition also.
B) Alturo Corporation has been experiencing a dip in their sales at home and the alliance is very crucial for them to better their performance.
C) CST Corporation is expected to benefit more from the joint venture than Alturo Corporation.
D) CST and Alturo are large corporations in terms of financial strength and both companies are expected to benefit evenly from the joint venture.
Q2) Can you think of two situations where you,or someone known to you,made a decision that was consistent with the certainty effect?
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Chapter 14: Nonverbal Communication and Lie Detection
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Q1) Which of the following types of lies is more likely to be detected by the triangulation method?
A) lies of commission
B) monitoring-dependent lies
C) jocose lies
D) lies of omission
Q2) Gestures,such as touching one's nose or twitching in such a way that does not embellish or illustrate a particular point,are called ________.
A) emblems
B) adaptors
C) predictors
D) embossers
Q3) Which of the following indicators is reliably associated with deception?
A) speech rate
B) pitch
C) repetitions
D) number of words
Q4) Nonverbal communication is anything that is "not words."
A)True
B)False
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Chapter 15: Third-Party Intervention
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Q1) ________ 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
Q2) 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
Q3) Mediators' interventions are most likely to propose fixed-pie solutions when the negotiators' relationship is positive and genuine.
A)True
B)False
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Page 17
Chapter 16: Negotiating a Job Offer
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Q1) Which of the following is classified as a necessary living expense?
A) continuing education
B) taxes
C) recreation and entertainment
D) charity
Q2) Exploding offers are those that are extended to prospective job recruits such that they can choose to accept or reject once they have exercised their BATNA.
A)True
B)False
Q3) A powerful negotiating strategy is to be vague about what it will take for you to agree when negotiating with the employer.
A)True
B)False
Q4) What is the advantage of a negotiator breaking down issues important to him into smaller subsets,prior to a negotiation?
A) It provides greater opportunity for creative agreements.
B) It enhances the attractiveness of the negotiator's BATNA.
C) It helps the negotiator deal with any unplanned negotiation scenario.
D) It helps the negotiator assess the employer's possible BATNAs.
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