Question 1

In ADR,a ____________ is typically charged with being "a confidential and informed information resource,communication channel,complaint-handler,and a person who helps an organization work for change."

Accepted Answer

The answer of In ADR,a ____________ is typically charged with...

Question 2

Commitment to a given solution and willingness to implement it is significantly less when group members participate in developing that solution than when it is imposed by a single member.

Accepted Answer

Group members are generally more committed to a solution and more willing to implement it when they have participated in its development, as opposed to when it is imposed by a single member. This is because participation in the decision-making process tends to increase ownership and acceptance of the solution.

Question 3

Mediation is less intrusive than arbitration in that negotiators surrender control over the processes and the outcomes.

Accepted Answer

This statement is incorrect. Mediation allows negotiators to maintain control over the outcome through the facilitation of a third-party mediator. Arbitration, on the other hand, involves the selection of a neutral third party to make a binding decision for the parties involved.

Question 4

Formal or contractual mediation is free from established or accepted rules and procedures.

Accepted Answer

Formal or contractual mediation typically follows established rules and procedures outlined in the mediation agreement, such as the mediator's qualifications, the scheduling of sessions, and the confidentiality of the process.

Question 5

Binding arbitration requires the parties to comply with the decision,either by law or by precedent within that sphere of arbitral practice.

Accepted Answer

Binding arbitration means that the parties involved have agreed to abide by the decision made by the arbitrator(s). This decision is typically enforceable by law and must be followed by the parties involved. Precedent within the sphere of arbitral practice may also influence the decision-making process.

Question 6

The compensation form of mediation strategy involves trying to force the parties to reduce their levels of aspiration in the absence of perceived potential for an integrative resolution.

Accepted Answer

The compensation form of mediation strategy involves finding a solution that satisfies each party’s interests and giving up something of little value to one party in exchange for something of greater value to the other party. It does not involve forcing parties to reduce their levels of aspiration.

Question 7

Interventions may never be imposed on negotiators-negotiators themselves must request all forms of third-party intervention.

Accepted Answer

While negotiators often initiate third-party interventions, it is not always the case that they must be the ones to request these interventions. Circumstances such as legal or contractual obligations or external pressures may lead to the imposition of interventions on negotiators.

Question 8

Even if the relationship between the parties is so damaged that future exchanges would be highly problematic,third parties may enable the negotiating parties to reduce hostility levels and achieve some closure on the key issues.

Accepted Answer

Third parties can provide a neutral and objective perspective, as well as assist in de-escalating tensions between the negotiating parties. This can help to lessen hostility levels, and potentially lead to some resolution on the key issues, even if the relationship between the parties is damaged.

Question 9

____________ ADR provides a third-party neutral that assists the parties in negotiating a resolution.

Accepted Answer

The answer of ____________ ADR provides a third-party neutral that...

Question 10

If negotiators anticipate that the arbitrator will split the difference,then it is in their best interest to maintain an extreme,hard-line position because difference splitting is more likely to result in the hard-liner's favor.

Accepted Answer

If negotiators expect the arbitrator to split the difference, maintaining an extreme position can skew the midpoint closer to their desired outcome, potentially benefiting the hard-liner.

Question 11

Failure to use third-party intervention when appropriate is just as wasteful and damaging to the ultimate negotiation process as using the wrong intervention method.

Accepted Answer

Third-party intervention can be a valuable tool in negotiations, but it is important to use the appropriate intervention method. If the wrong intervention method is used, it can be ineffective or even make the situation worse. However, if third-party intervention is not used when it would be appropriate, it can also be damaging to the negotiation process. This is because it can result in missed opportunities to resolve the conflict or reach a more favorable agreement for all parties involved. Therefore, it is important to weigh the benefits and risks of third-party intervention and use it when it is likely to be effective.

Question 12

As mediation progresses,mediators often become less active and allow the disputing parties to take on more aggressive roles.

Accepted Answer

Mediators typically aim to maintain a balanced and controlled environment, encouraging constructive dialogue rather than allowing parties to become more aggressive.

Question 13

Research suggests that when parties are pressured or required to enter mediation,they generally come away finding it to be a fair and satisfactory process.

Accepted Answer

Research has shown that when parties are required or pressured to enter mediation, they often find it to be a fair and satisfactory process. This is because mediation provides an opportunity for both parties to have a say in the resolution of the dispute and to come up with a mutually agreeable solution. Additionally, the mediator can help to facilitate communication and help parties to better understand each other's perspectives.

Question 14

____________ typically involves a structured process in which disputing parties have relatively free rein to present their stories,while the arbitrators decide the outcome,often imposing a resolution on the disputants.

Accepted Answer

The answer of ____________ typically involves a structured process in...

Question 15

The narcotic effect states that as the frequency of arbitration increases,disenchantment with the adequacy and fairness of the process develops and the parties may resort to other means to resolve their disputes.

Accepted Answer

The term "narcotic effect" does not refer to arbitration frequency and its impact on parties' perceptions of fairness and adequacy. Instead, it typically relates to phenomena where repeated exposure to a stimulus reduces its effect over time, not specifically to arbitration or dispute resolution processes.

Question 16

____________ ADR systems are those in which the third party makes a binding decision that the negotiating parties must live with.

Accepted Answer

The answer of ____________ ADR systems are those in which...

Question 17

Formal third-party intervention styles differ on the degree to which the disputants surrender ____________ to the third party over the disputant interaction process and/or the outcome.

Accepted Answer

The answer of Formal third-party intervention styles differ on the...

Question 18

Third-party intervention is always imposed "from without" by choice,custom,law,or regulation.

Accepted Answer

Third-party intervention can be both voluntary, where parties involved in a conflict agree to seek external help, or imposed by external authorities, regulations, or laws. It is not always imposed "from without."

Question 19

As mediators involve the parties in more joint problem solving,disputant hostility,especially with regard to intangible issues,seems to increase.

Accepted Answer

Mediators involving the parties in joint problem-solving typically helps to decrease disputant hostility, even with intangible issues, by fostering understanding and collaboration.

Question 20

The involvement of third parties signals that the negotiation process has stalled.

Accepted Answer

The involvement of third parties, such as mediators or arbitrators, is often sought when negotiations have reached an impasse or have stalled. Third parties can help facilitate communication and find common ground between the parties involved.

Quiz 19: Third Party Approaches to Managing Difficult Negotiations