Deck 5: Rights-Based Negotiation

Question 1

RIGHTS-BASED negotiation refers to an adversarial process in which each party

A) Exerts power or influence over the other.
B) Tries to prove that his or her position is accurate, appropriate, fair, or consistent with relevant laws.
C) Identities underlying interests and works in a collaborative manner to determine a mutually acceptable solution.
D) Transforms the nature of the conflict through improved communication and empowerment.
E) Avoids conflict by referring their disputes to an independent judge or arbitrator.

Answer 1

B

Question 2

RIGHTS-BASED negotiation is easiest when

A) Both parties know their rights.
B) Both parties are confused about their rights.
C) Both parties disagree about their rights.
D) The rights of both parties are not clearly established by the law.
E) They have conflicting rights.

Answer 2

A

Question 3

Which of the following is a RIGHTS-BASED approach to dealing with conflict?

A) A debate over rights
B) An arbitration to determine each party's rights
C) A dialogue that focuses on the underlying interests of both parties
D) A war using nuclear weapons
E) Only (a) and (b)

Answer 3

E

Question 4

A client and helping professional have a dispute over how much the client owes the professional for services offered. Their negotiation seems to be at an impasse. Which of the following is an example of an ALTERNATIVE to negotiation in this case?

A) The helping professional could accept the client's last offer to pay $250.
B) The client and professional could engage a mediator to help them resolve the dispute.
C) The parties could look for objective criteria to help them resolve the dispute on their own.
D) The client could try to negotiate a loan from the helping professional.
E) The helping professional could ask the client to do some work at the office in lieu of a cash payment.

Question 5

FACT FINDING refers to a process of

A) Interpreting information that has already been gathered.
B) Providing expert advice.
C) Gathering information or evidence.
D) Hiring a neutral third person to judge who is right.
E) Only (a) and (b).

Question 6

Which of the following types of evidence tends to be the most persuasive?

A) Oral testimony by a witness
B) Documentary evidence by a witness
C) Hearsay evidence by someone who has spoken with a witness
D) Circumstantial evidence
E) Opinions of nonexperts

Question 7

Opinion evidence refers to

A) Presentation of observable facts.
B) A witness's description of what he or she heard or saw.
C) Assessments, interpretations, or conclusions that go beyond the presentation of observable facts.
D) The ultimate decision of the judge or jury.
E) All of the above.

Question 8

When debating facts that may be based on scientific evidence, a negotiator should

A) State the results of a research study, without explaining the research methods that were used.
B) State the results of a research study, including an explanation of the research methods that were used.
C) Explain the research methods used, without stating the actual results of the research.
D) Refuse to discuss research and simply state personal opinions.
E) Accept the other person's statements as true, without question.

Question 9

The RULE OF LAW suggests that conflicts should be resolved

A) According to who has the greatest power.
B) According to who has the greatest needs.
C) Civilly, in accordance with the law.
D) Civilly, in accordance with the personal opinions of the judge.
E) Civilly, in accordance with the will of the majority of the people.

Question 10

Which of the following is an example of an INTERNATIONAL LAW?

A) The Health Insurance Portability and Accountability Act
B) The U.S. Declaration of Independence
C) The Policies and By-Laws of the Pharmacea International Corporation
D) The norms of the Jamaican community
E) The U.N. Declaration of Human Rights

Question 11

CASE LAW refers to

A) Laws passed by the legislative branch of government.
B) Laws passed by the executive branch of government.
C) Laws passed by municipal, state, federal, or international governments.
D) Legal principles that develop through cases heard by judges.
E) All of the above.

Question 12

During RIGHTS-BASED negotiation, negotiators could refer to rights established in

A) Case law.
B) Statutory law.
C) Agency policies.
D) Professional codes of ethics.
E) All of the above.

Question 13

When a client and helping professional sign a SERVICE CONTRACT, they are establishing

A) The needs of both parties who signed the agreement.
B) The rights of both parties who signed the agreement.
C) The rights of people who are not a part of the agreement.
D) The needs of people who are not a part of the agreement.
E) No rights, because only the government can create rights.

Question 14

IMPLICIT RIGHTS are rights that are

A) Stated expressly in laws or policies.
B) BATNAs.
C) Norms, rules, or expectations that people act upon even though they are not expressly stated in laws or policies.
D) Norms, rules, or expectations that are written in laws or policies, but are not legally enforceable.
E) Only (a) and (b).

Question 15

OBJECTIVE CRITERIA are factors that negotiators may use to choose between options. In order for the criteria to be OBJECTIVE, they should be

A) Antipsychotic.
B) Complicated.
C) Simple.
D) Fair and unbiased.
E) Based on one person's ideology.

Question 16

To persuade others, a negotiator could use a combination of RIGHTS-BASED and POWER-BASED strategies by

A) Using friends and money to advocate for changes in the law.
B) Burning down the other person's home.
C) Building consensus by finding common ground.
D) Brainstorming options for solution.
E) All of the above.

Question 17

Describe the advantages and disadvantages of a rights-based approach to negotiation (as compared to a power-based approach).

Question 18

Identify two state laws that may establish rights that your clients or patients possess in relation to their work with you.

Question 19

What is the advantage of having a written service contract to define the client and professional's rights and responsibilities?

Question 20

What are the differences between a fact-based dispute and a law-related dispute? Provide one example of each type of dispute to demonstrate the differences.

Question 21

Identify a U.S. Supreme Court decision that has relevance to your work as a professional. What principles does this case stand for?