ADR Review Questions With Complete Solutions
4 steps to getting a yes (principle negotiation) Correct Answers
Four Steps (to Getting to Yes)
1. Separate the people from the problem.
- Personal relationship and history between parties can become
linked with the problem.
- Parties often enter negotiation with certain perceptions that can
cloud the negotiation.
Paralegal Tip
• Listen and acknowledge emotions. People just want to be
heard.
2. Focus on interests and not positions.
- Position-based negotiating can stifle creativity.
- Identify and communicate interests.
- Consider why the other party takes a certain position.
Paralegal Tip
- Ask "why" and "why not" to understand what is standing in the
opponent's way.
- Client puts themselves in the other's shoes.
- Might not meet position but might meet interests.
3. Invent options to solve the problem.
•A common mistake is to set an arbitrary range.
• Don't assume there is a fixed pie or a fixed sum.
• Expand the pie and generate more options.
• Brainstorm to generate options first and decide on the solutions
later.
,Paralegal Tip
• Brainstorm options before and during negotiation.
Brainstorming Steps (.Generate ideas, Group ideas together,
Assess the ideas (pros/cons) and opinions , Evaluate options
using objective criteria, Choose the best ideas.)
4. Use objective criteria to evaluate the options
.
Use objective criteria to evaluate options:
• Frame each issue as a joint search for objective criteria.
• Reason and be open to reason.
• Negotiate in a way that is independent of the other side's will.
Paralegal Tip
• Apply fair standards and fair procedures throughout the
negotiation.
According to the circle of conflict, what are the six primary
causes of conflict? Correct Answers 1. Data, 2. Values, 3.
Experience/relationship, 4. Externals/moods, 5. Structure, 6.
Interests
As the plaintiff's paralegal, Kumar, was listening to your
defence, he started to point his finger at you while moving closer
with his fists clenched. What mode of non-verbal response is
Kumar displaying? Correct Answers Aggressive
Benefits of Mediation Correct Answers Allows for creative and
customized resolutions.
• Not focused only on financial compensation.
• Suitable if there is an ongoing relationship:
, • Restorative Mediation: repairs relationship.
• Transformative Mediation: improves relationship.
• Self-empowering.
• Less formal and less daunting.
• Accommodates needs of parties.
• Highly effective.
Benefits to negotiating Correct Answers Therapeutic and
empowering;
• Personalizes the conflict resolution process;
• Protects privacy; and
• Ease the pressure on relationships.
• Barriers to negotiation
• Emotions;
• Miscommunications; and
• Limitations: finances, options, time, and materials.
Carrie was involved in a multi-vehicle, chain reaction collision
in which she rear-ended another vehicle on the highway. She
told the police officer at the scene that it wasn't her fault; Carrie
told the police officer at the scene that the driver who rear-ended
her wasn't paying attention and seemed to be an inexperienced
driver. According to attribution theory, what error has Carrie
committed? Correct Answers Fundamental attribution error
Carrie was involved in a multi-vehicle, chain reaction collision
in which she rear-ended another vehicle on the highway. She
told the police officer at the scene that it wasn't her fault; the
accident was caused because the other vehicle stopped too
quickly and because the sun was in her eyes. According to
4 steps to getting a yes (principle negotiation) Correct Answers
Four Steps (to Getting to Yes)
1. Separate the people from the problem.
- Personal relationship and history between parties can become
linked with the problem.
- Parties often enter negotiation with certain perceptions that can
cloud the negotiation.
Paralegal Tip
• Listen and acknowledge emotions. People just want to be
heard.
2. Focus on interests and not positions.
- Position-based negotiating can stifle creativity.
- Identify and communicate interests.
- Consider why the other party takes a certain position.
Paralegal Tip
- Ask "why" and "why not" to understand what is standing in the
opponent's way.
- Client puts themselves in the other's shoes.
- Might not meet position but might meet interests.
3. Invent options to solve the problem.
•A common mistake is to set an arbitrary range.
• Don't assume there is a fixed pie or a fixed sum.
• Expand the pie and generate more options.
• Brainstorm to generate options first and decide on the solutions
later.
,Paralegal Tip
• Brainstorm options before and during negotiation.
Brainstorming Steps (.Generate ideas, Group ideas together,
Assess the ideas (pros/cons) and opinions , Evaluate options
using objective criteria, Choose the best ideas.)
4. Use objective criteria to evaluate the options
.
Use objective criteria to evaluate options:
• Frame each issue as a joint search for objective criteria.
• Reason and be open to reason.
• Negotiate in a way that is independent of the other side's will.
Paralegal Tip
• Apply fair standards and fair procedures throughout the
negotiation.
According to the circle of conflict, what are the six primary
causes of conflict? Correct Answers 1. Data, 2. Values, 3.
Experience/relationship, 4. Externals/moods, 5. Structure, 6.
Interests
As the plaintiff's paralegal, Kumar, was listening to your
defence, he started to point his finger at you while moving closer
with his fists clenched. What mode of non-verbal response is
Kumar displaying? Correct Answers Aggressive
Benefits of Mediation Correct Answers Allows for creative and
customized resolutions.
• Not focused only on financial compensation.
• Suitable if there is an ongoing relationship:
, • Restorative Mediation: repairs relationship.
• Transformative Mediation: improves relationship.
• Self-empowering.
• Less formal and less daunting.
• Accommodates needs of parties.
• Highly effective.
Benefits to negotiating Correct Answers Therapeutic and
empowering;
• Personalizes the conflict resolution process;
• Protects privacy; and
• Ease the pressure on relationships.
• Barriers to negotiation
• Emotions;
• Miscommunications; and
• Limitations: finances, options, time, and materials.
Carrie was involved in a multi-vehicle, chain reaction collision
in which she rear-ended another vehicle on the highway. She
told the police officer at the scene that it wasn't her fault; Carrie
told the police officer at the scene that the driver who rear-ended
her wasn't paying attention and seemed to be an inexperienced
driver. According to attribution theory, what error has Carrie
committed? Correct Answers Fundamental attribution error
Carrie was involved in a multi-vehicle, chain reaction collision
in which she rear-ended another vehicle on the highway. She
told the police officer at the scene that it wasn't her fault; the
accident was caused because the other vehicle stopped too
quickly and because the sun was in her eyes. According to
