final

Question 1

Alternative Dispute Resolution

Answer 1

Arbitration, Mediation, Negotiation

Question 2

Arbitration

Answer 2

A form of ADR where a neutral third party (arbitrator) makes a binding decision to resolve a dispute.

Question 3

Mediation

Answer 3

A form of ADR where a neutral third party (mediator) helps the disputing parties reach a mutually acceptable agreement.

Question 4

Litigation

Answer 4

The process of resolving disputes by filing or answering a complaint through the public court system.

Question 5

Prep & Planning

Answer 5

The initial stage in negotiation where the negotiator prepares and plans the strategy and approach.

Question 6

Determine Proper Valuation of Case

Answer 6

Conducting factual and legal research about the damage amount, probability of success, and cost to prosecute.

Question 7

Determine Clients Needs, Wants & Objectives

Answer 7

The process where the client lists and ranks each objective to clarify their goals.

Question 8

Determine Appropriate Strategy & Style

Answer 8

Choosing the suitable strategy and style for negotiation based on the case specifics and client preferences.

Question 9

Adversarial Strategy

Answer 9

A zero-sum game approach where one party’s gain is another’s loss, focusing on economics of dispute.

Question 10

Problem Solving Strategy

Answer 10

A negotiation approach where both parties aim to satisfy their needs, focusing on underlying interests rather than just economics.

Question 11

Cooperative Style

Answer 11

A negotiator who aims to resolve the problem amicably, used when bargaining power is low or maintaining relationships is important.

Question 12

Competitive Style

Answer 12

A negotiator who is aggressive and assertive, used when strong bargaining power exists and offending the other party is not a concern.

Question 13

Devise Opening Offer

Answer 13

Creating a high or low but credible offer, justified with reasons and objective criteria.

Question 14

Information Gathering

Answer 14

Collecting pertinent information during negotiation about the opposing counsel, their constraints, authority, workload, and motivation.

Question 15

Types of Questions

Answer 15

Open-ended, narrow, yes/no, leading, and funnel approach questions used to gather information.

Question 16

Impediments

Answer 16

Factors that can hinder negotiation, such as ego threat, result threat, role expectation, perceived irrelevancy, greater need, forgetting, time, and money.

Question 17

Techniques to Motivate Response

Answer 17

Methods like educating opposing counsel, being empathetic, active listening, silence, clarification, and reflection.

Question 18

If Don’t Want to Answer

Answer 18

Strategies to avoid answering questions, including truth, avoidance, lying, or stating no evidence exists.

Question 19

Prepare Appropriate Tactics

Answer 19

Actions used to implement strategy and style in negotiation.

Question 20

Threats

Answer 20

Should eb used sparingly, communicated effectively, and made only when willing and able to carry them out.

Question 21

Ego Threat

Answer 21

Avoiding personal bias that can interfere with the ability to represent a client effectively.

Question 22

Time Pressure

Answer 22

Setting credible deadlines and being willing to adhere to them.

Question 23

Feigned Anger

Answer 23

Using fake anger sparingly and only if capable of making it credible

Question 24

Aggression

Answer 24

Using aggression sparingly and only if capable of making it credible, defended against by using multiple negotiators or staging termination.

Question 25

Boulwarism

Answer 25

Making a “take it or leave it” offer at the beginning of negotiation, used only when sure of the strength of the position.