Deck 14: Third-Party Intervention: Recourse When Negotiations Sputter or Fail?

Question 1

The most common forms of alternative dispute resolution are:

A)Litigation,negotiation and mediation.
B)Mini-trials,mediation and arbitration.
C)Negotiation,mediation and arbitration.
D)Process consultation,mediation and arbitration.

Answer 1

C

Question 2

To avoid what they expect will be an inefficient use of their time,disputants defer to the arbitration option too quickly.This phenomenon refers to:

A)The half-life effect.
B)The narcotic effect.
C)The motivator effect.
D)Characteristics of the parties.

Answer 2

B

Question 3

Mandatory arbitration:

A)Cannot be used in employment disputes.
B)Cannot be used in consumer disputes.
C)Cannot be used in disputes between clients and companies.
D)Requires clients,customers and employees to arbitrate all disputes rather than pursue legal action.

Answer 3

D

Question 4

Inquisitors,Mediators,Arbitrators and Motivators are labels that describe:

A)Mediator roles.
B)Arbitrator roles.
C)Employee conflict intervention strategies for managers.
D)The relative power of the disputants or negotiators.

Question 5

One of the benefits of alternative dispute resolution is that it is less expensive than resolving your dispute with another party through the legal system.

Question 6

Mediators should treat the parties as evenhandedly as possible.

Question 7

During an arbitration,in order to defend themselves effectively against claims of unjust termination of an employee,employers must demonstrate that they have taken steps to a__________ required criteria before firing the employee.

A)Four.
B)Five.
C)Six.
D)Seven.

Question 8

Mediated solutions are preferable to the negotiating parties than arbitrated solutions because:

A)The parties do not have to be involved in coming up with the solutions.
B)The parties help create the solutions.
C)The arbitrator's decision is final.
D)Mediation requires less preparation than arbitration.

Question 9

Mediators and arbitrators should have a vested interest in the outcome of the negotiation.

Question 10

If you are involved in an arbitration,be sure to:

A)Choose a dispute resolution method that will offer you the greatest advantages.
B)Know what criteria the arbitrator will use to interpret your case.
C)Avoid mandatory arbitration if you want to preserve important relationship.
D)Remain flexible in case innovative solutions are created that cannot be evaluated using your target or resistance points.

Question 11

Arbitration hearings usually begin with:

A)The mediator's opening remarks.
B)The arbitrator's opening remarks.
C)The claimant,then the defendant,stating why his or her side is right and the other side is wrong.
D)The claimant,then the defendant,introducing facts and evidence.

Question 12

Three criteria that managers should consider before choosing an employee dispute intervention strategy are:

A)Effectiveness,efficiency and objectives.
B)Effectiveness,efficiency and compliance.
C)Goals of the manager,characteristics of the conflict,characteristics of the third party.
D)Goals of the manager,characteristics of the conflict,characteristics of the organization.

Question 13

Custom and past practice refer to:

A)Two methods used by arbitrators to interpret cases.
B)Interpreting cases by using precedent cases and decisions.
C)Interpreting cases by using the contract or policy manual.
D)Interpreting cases by considering the minutes or notes collected when the provision at issue was written or negotiated.

Question 14

Alternative dispute resolution is typically used to help with commercial and employment disputes.

Question 15

If you are involved in a mediation:

A)Choose a dispute resolution method that will offer you the greatest advantages.
B)Know what criteria the arbitrator will use to interpret your case.
C)Avoid mandatory arbitration if you want to preserve important relationships.
D)Remain flexible in case innovative solutions are created that cannot be evaluated using your target or resistance points.

Question 16

_______ gives arbitration disputants a powerful incentive to continue negotiating seriously,especially if they are concerned that the arbitrator will not accept their extreme offer.

A)The biasing effect.
B)The chilling effect.
C)Final offer arbitration.
D)The decision-acceptance effect.

Question 17

Mediation and arbitration have their roots in labor-management relations.

Question 18

When outcome control is low and process control is low,managers who are required to intervene in an employee dispute should use which of the following strategies,(according to Thibault & Walker,1975)?

A)Inquisitor.
B)Motivator.
C)Mediator.
D)Arbitrator.

Question 19

Which of the following empowers negotiators to solve their own problems and make their own decisions without being directive?

A)Orchestrators.
B)Dealmakers.
C)Arbitrators.
D)Negotiators.

Question 20

Which of the following does not have authority over the final outcome decision?

A)A judge.
B)A mediator.
C)An arbitrator.
D)A negotiator.

Question 21

In mediation,witnesses are examined and cross-examined.

Question 22

Briefly compare the roles of mediators and arbitrators.

Question 23

Arbitrators have authority to make the final outcome decision.

Question 24

Define mediation and arbitration,and briefly describe the basic process used in each.

Question 25

Arbitrations are more like negotiations than court trials.

Question 26

Mediators all follow the same model and execute it similarly.

Question 27

What is a "dispute-wise" organization? Describe "dispute-wise" policies and practices and the benefits of using them.

Question 28

Arbitrators typically do not split the difference.