Question 1

When studying the issues involved in a negotiation, a party should:

Accepted Answer

All of the other specific choices are correct. When studying the issues involved in a negotiation, it is important to gather facts and relevant information, avoid relying on personal opinions, consider the objectives of negotiation, and understand the weak points of one's own position. These steps will help to facilitate a successful negotiation outcome.

Question 2

Almost nothing said in a negotiation may be:

Accepted Answer

Almost nothing said in a negotiation may be used in a court case if the negotiation fails. This is because negotiations are considered confidential and any statements made during negotiations are inadmissible in court as evidence.

Question 3

Ralph hangs a sign in front of his office that reads, "Ralph, Expert Mediator." In fact, Ralph has no training as a mediator. If Cindy uses Ralph's services and finds the agreement he negotiated to be nonsense, she may:

Accepted Answer

Ralph's sign implies that he is an expert mediator, which creates a duty of care for him to perform at a professional level. Since he doesn't have the proper training and expertise, if Cindy uses his services and the agreement is nonsensical, she may have grounds to sue him for failing to perform in a professional manner.

Question 4

If a negotiation is conducted properly:

Accepted Answer

This statement is true because negotiations are typically conducted under a "without prejudice" or "privileged" framework, which means that statements made during the negotiation process cannot be used as evidence in court. This encourages parties to speak freely and make concessions in order to reach a mutually beneficial agreement.

Question 5

Mediation is:

Accepted Answer

Mediation is a voluntary process, where all parties involved agree to participate and attempt to find a mutually agreeable solution. It is not forced or involuntary, and while some attorneys may not fully respect or support the process, it is still a valid and effective means of resolving conflicts outside of court.

Question 6

The stages of a negotiation include:

Accepted Answer

The exchange of information is a crucial stage in any negotiation process as it helps the parties involved to understand each other's needs, interests, and priorities. Planning is also important but does not necessarily require the supervision of an arbitrator. Presenting evidence in court and requesting approval from a judge are not stages of a negotiation but rather occur in a legal process.

Question 7

The goal of mediation is to:

Accepted Answer

The goal of mediation is to facilitate a discussion between parties in conflict in order to reach a mutually acceptable agreement, rather than taking an adversarial or confrontational approach.

Question 8

The least formal method of alternative dispute resolution is:

Accepted Answer

The answer of The least formal method of alternative dispute...

Question 9

The least formal method of alternative dispute resolution is:

Accepted Answer

Negotiation is the least formal method of alternative dispute resolution, as it simply involves parties directly communicating and attempting to reach a resolution without the involvement of a neutral third party. The other options all involve some level of third party involvement and formal procedures.

Question 10

A mediator is:

Accepted Answer

A mediator is a neutral third party who facilitates communication and negotiation between parties in a dispute, with the goal of helping them reach a mutually acceptable solution. The mediator does not take sides or make decisions for the parties, but rather helps them clarify their interests and priorities, explore alternatives, and find common ground.

Question 11

Mediation is:

Accepted Answer

The answer of Mediation is:
...

Question 12

If the loser of an arbitration decision in an international cotton contract dispute fails to follow the order of the arbitrator:

Accepted Answer

If the loser of an arbitration decision in an international cotton contract dispute fails to follow the order of the arbitrator, the fact of failure to pay may be advertised to try to discourage dealing with that party. This is because there is no universal mechanism for enforcing international arbitration decisions. However, publicizing the non-compliance may lead to damage to the non-compliant party's reputation in the industry, which may affect future business dealings.

Question 13

One key area in which mediation is often used is:

Accepted Answer

Mediation is often used for labor disputes, where there is a conflict between employees and management regarding working conditions, pay, or benefits. Mediation can help both parties come to a mutually beneficial agreement without the need for costly and time-consuming legal battles.

Question 14

Surveys indicate that lawyers:

Accepted Answer

Surveys have shown that lawyers generally prefer mediation to arbitration. This is because mediation allows for more control over the outcome and is less confrontational than arbitration or a trial. Additionally, mediation is typically less expensive and time-consuming than the other two options.

Question 15

Many international contracts involving the sale of cotton require that disputes be taken to the

Accepted Answer

The International Cotton Association is the leading international trade association for the cotton industry, and it offers an arbitration service that is widely accepted in the industry for resolving disputes related to the sale of cotton. Therefore, many international contracts involving the sale of cotton require that disputes be taken to the International Cotton Association.

Question 16

The first stage of a negotiation should involve:

Accepted Answer

The first stage of a negotiation should involve studying the issues to understand the concerns, interests, and positions of both parties involved in the negotiation. This will help in finding common ground and reaching a mutually beneficial agreement. None of the other options are appropriate for the first stage of a negotiation.

Question 17

Unlike arbitrators, mediators:

Accepted Answer

Mediators do not have the authority to impose a decision on either party, unlike arbitrators who can make a binding decision. The role of a mediator is to facilitate negotiations and guide the parties toward a mutually agreeable solution, but they cannot impose their will on either party.

Question 18

Negotiated settlements are usually:

Accepted Answer

Negotiated settlements are legal agreements reached between two or more parties with the help of a neutral third-party mediator or arbitrator. They are usually written contracts that can be enforced by the court system. Therefore, choice A is the correct answer.

Question 19

Negotiation is always:

Accepted Answer

Negotiation is usually a voluntary process where parties come together to reach an agreement or resolve a dispute. It can be informal or formal, and lawyers may or may not be involved, depending on the complexity of the issue. While negotiation can sometimes be challenging and involve some degree of conflict, it is not inherently alienating.

Question 20

In mediation, which of the following activities must the mediator conduct?

Accepted Answer

All of the other choices are likely included in the activities that a mediator must conduct. The mediator's role is to facilitate the communication between the parties, generate options, gather information, help the parties identify their interests, and encourage compromise. Additionally, the mediator must explain the mediation process to the parties and maintain neutrality throughout the mediation session.

Quiz 3: Trials and Resolving Disputes

When studying the issues involved in a negotiation, a party should:

Almost nothing said in a negotiation may be:

Ralph hangs a sign in front of his office that reads, "Ralph, Expert Mediator." In fact, Ralph has no training as a mediator. If Cindy uses Ralph's services and finds the agreement he negotiated to be nonsense, she may:

If a negotiation is conducted properly:

Mediation is:

The stages of a negotiation include:

The goal of mediation is to:

The least formal method of alternative dispute resolution is:

The least formal method of alternative dispute resolution is:

A mediator is:

Mediation is:

If the loser of an arbitration decision in an international cotton contract dispute fails to follow the order of the arbitrator:

One key area in which mediation is often used is:

Surveys indicate that lawyers:

Many international contracts involving the sale of cotton require that disputes be taken to the

The first stage of a negotiation should involve:

Unlike arbitrators, mediators:

Negotiated settlements are usually:

Negotiation is always:

In mediation, which of the following activities must the mediator conduct?