Deck 9: The Dynamics of Disputes and Third-Party Help

Question 1

Parties who focus on interests in a dispute are often able to find ways to resolve that dispute.

Answer 1

True

Question 2

When one person or party makes a claim or demand on another person or party, and that claim is rejected, we can say that a power imbalance has emerged.

Answer 2

False

Question 3

Starting a negotiation by conveying your own power to coerce the other party could bring a quick settlement if your threat is real and credible.

Answer 3

True

Question 4

The term alternative dispute resolution is commonly used to refer to third-party approaches to resolving disputes.

Question 5

Disputes about rights are often resolved by helping the parties find a fair way to determine who is right or that they can both be right.

Question 6

are a precursor to the use of power.

A) Punishments
B) Ethics
C) Rewards
D) Threats

Question 7

Negotiators focus on power when they use threats, make demands, or use other means to try to coerce the other party into making concessions.

Question 8

The use of power comes at a cost, and sometimes when you use it you win, sometimes you lose.

Question 9

When negotiations are unable to reach an agreement on their own, it is a good idea to rethink your position.

Question 10

In their study, Ury, Brett, and Goldberg found that most negotiations cycled through three strategies
- interests, rights, and power- during the same encounter.

Question 11

If you have more power than your opponent then using your power means that you will always win.

Question 12

Negotiators focus on power when they strive to learn about the other party's interests and priorities as a way to work toward a mutually satisfying agreement that creates value.

Question 13

Disputes settled by power:

A) are often referred to formal arbitrators
B) are often referred to informal arbitrators
C) bring together both sides in a dispute
D) usually create clear winners and losers

Question 14

In matters of public importance, which approach is most likely necessary?

A) A rights-based approach
B) A power-based approach
C) An interests-based approach
D) A relationship-based approach

Question 15

Parties who focus on rights and power are often able to find ways to resolve that dispute.

Question 16

Power tactics may be most useful when:

A) the other party refuses to negotiate
B) negotiations are proceeding rapidly
C) threats are not perceived as credible
D) risk is low

Question 17

Negotiators focus on when they seek to resolve a dispute by drawing on rules or standards grounded in principles of law, fairness, or perhaps an existing contract.

A) reciprocity
B) power
C) interests
D) rights

Question 18

People involved in disputes tend to the costs associated with exercising a rights-based or power-based approach.

A) inflate
B) overestimate
C) ignore
D) underestimate

Question 19

Lytle and her colleagues found that most negotiators cycled through three strategies during the same encounters. Which are the three strategies?

A) Interests, information, and effectiveness.
B) Effectiveness, coercion, and deception.
C) Deception, reward, and position.
D) Interests, rights, and power.

Question 20

Negotiators focus on when they strive to learn about the other party's interests and priorities as a way to work toward a mutually satisfying agreement that creates value.

A) interests
B) rights
C) reciprocity
D) power

Question 21

A power negotiator is a third party who takes control of shaping and determining an outcome.

Question 22

The key difference between traditional arbitration and final offer arbitration is that:

A) Arbitrators are permitted to create their own terms for a desired outcome
B) Arbitrators must present their proposed solution to the courts for approval
C) Arbitrators are permitted to formulate a settlement that falls in the middle of the two proposals
D) Arbitrators are not permitted to formulate a settlement that falls in the middle or create their own terms for a desired outcome

Question 23

An arbitrator is a third party who works toward helping disputing parties creating solution themselves by facilitating communication and dispute resolution techniques among the parties.

Question 24

Med-Arb and Arb-Med are essentially the same processes.

Question 25

There are several types of third-party intervention, but in general they differ on:

A) the degree to which the parties give up control over process and control over outcome, or both
B) whether or not the outcome will be positive or negative
C) whether or not they are directly involved in the negotiation
D) whether or not they are directly involved in the dispute

Question 26

Med-arb tends to work best in cases where the parties are expecting final offer arbitration because they realize that mediation is their best opportunity for compromise.

Question 27

A(n) _ is a third party who takes control of shaping and determining an outcome.

A) Justice of the peace
B) Reconciliatory
C) Mediator
D) Arbitrator

Question 28

When a mediator is asked to assist in dispute resolution, the outcome is determined by:

A) the government
B) the arbitrator
C) the mediator
D) the parties themselves

Question 29

has a mandatory mediation program for certain types of civil lawsuits, such as estates, trust, and substitute decision-making cases.

A) Alberta
B) British Columbia
C) Ontario
D) Quebec

Question 30

In a study that compared arb-med with med-arb, Conlon, Moon, and Ng found that arb-med led to higher resolution rates and higher joint outcomes than med-arb.

Question 31

A mediator is a third party who works toward helping disputing parties creating solution themselves by facilitating communication and dispute resolution techniques among the parties.

Question 32

All of the following are considered advantages of arbitration, except:

A) the costs of prolonging the dispute are high
B) the solution is seen as credible
C) the negotiation or dispute ends with a final solution
D) the solution is usually binding

Question 33

All of the following statements regarding the use of mediation are true, except:

A) the mediator determines who speaks and when
B) the mediator determines the agenda
C) the mediator has control over the process
D) the mediator determines the outcome

Question 34

Third-party help can be used for all of the following reasons, except:

A) the parties disagree about what information is necessary, available, or required
B) behaviour is positive
C) the emotional level between the parties is high, with lots of anger and frustration
D) communication between the parties is poor or has completely broken down

Question 35

Negotiations rarely reach a point of breaking down where negotiators are unable to reach an agreement on their own.

Question 36

When using arbitration to settle disputes, control over the process is:

A) given to the arbitrator
B) given to the government
C) given to a mediator
D) given to the parties themselves

Question 37

A is a third party who works toward helping disputing parties create a solution themselves by facilitating communication and using dispute resolution techniques.

A) Chief justice
B) Negotiator
C) Arbitrator
D) Mediator

Question 38

When a mediator is asked to assist in dispute resolution, the outcome is determined by:

A) the government
B) an arbitrator
C) the parties themselves
D) the mediator

Question 39

Which of the following types of arbitration was developed to encourage parties to take less extreme positions?

A) First offer arbitration
B) Quasi-arbitration
C) Hybrid arbitration
D) Final offer arbitration

Question 40

British Columbia has three forms of mediation, which of the following is NOT one of those forms?

A) Quasi-mandatory
B) Reciprocal
C) Mandatory
D) Voluntary

Question 41

Mediation is more often successful in the all the following situations, except:

A) the issues do not involve a basic conflict of values
B) the level of conflict is moderate and not excessively high
C) the positions of both parties are understood by only one party
D) both parties are motivated to settle

Question 42

Which of the following management styles describes a manager who passively listens to what each side chooses to reveal and then tells the parties how to solve the conflict based on their presentations?

A) Adversarial intervention
B) Providing outcomes
C) Providing impetus
D) Inquisitorial intervention

Question 43

Define the term dispute.

Question 44

Managers use one of three dominant styles when intervening in a subordinate conflict.

Question 45

What criteria should be considered when deciding to focus on interests, rights, and power?

Question 46

The final phase of an arb-med process is called:

A) the arbitration phase
B) the impasse
C) the ruling phase
D) the imposition

Question 47

Managers who provide impetus typically exert control over the decision, as well as a significant amount of control over the process.

Question 48

How can the use of threats be effective?

Question 49

A manager using an adversarial intervention exerts high control over both the process and the decision.

Question 50

The informal managerial-dispute intervention model developed by A. R. Elangovan uses:

A) a decision tree with four dominant management styles
B) a four quadrant prescription
C) a decision tree and a series of diagnostic questions
D) a 6 x 6 matrix to classify intervention styles according to power levels

Question 51

Which of the following is a hybrid approach combines the flexible and creative facets of mediation with the finality of binding adjudication?

A) Neg-Arb
B) Arb-Med
C) Med-Arb
D) Union arbitration

Question 52

Discuss why mediational intervention is not used by many managers.

Question 53

Which of the following is not a style used regularly by managers?

A) Mediational intervention
B) Inquisitorial intervention
C) Providing impetus
D) Adversarial intervention

Question 54

Which of the following management styles describes a manager who typically does not exert control over the decision, and only mildly controls the process?

A) Providing impetus
B) Inquisitorial intervention
C) Providing outcomes
D) Adversarial intervention

Question 55

What are the reasons to use a third party?

Question 56

Managers are frequently involved in the handling of disputes between subordinates and colleagues.

Question 57

In the arbitration-mediation process the third party begins by:

A) holding an arbitration hearing and making a decision, which is placed in a sealed envelope and is not revealed to the parties
B) mediating the negotiation
C) offering to meet with each party separately to determine if compromise is possible
D) attempts to reconcile the differences between the two parties and bring their objectives closer together

Question 58

Of the following management styles used during conflict intervention, which is the most common?

A) Adversarial intervention
B) Providing impetus
C) Inquisitorial intervention
D) Providing outcomes

Question 59

Outline how interests, rights, and power lead to different discussions between parties.

Question 60

Mediation is more often successful under what conditions?

Question 61

According to research by Conlon and Fasalo how does the timing of mediational intervention impact the outcome?

Question 62

Outline the prescriptive model developed by A.R. Elangovan to guide managers in choosing intervention strategies.