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ADR Review Test 1 Review V2 Flashcards | StudBud
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ADR Review Test 1 Review V2
ADR Review Test 1 Review V2
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1
There are 4 approaches to mediation. Evaluative, transformative, narrative and________.
facilitative
transactional
imperative
negotiation
2
In the Rahim Organizational Conflict Inventory, which of the following is NOT a negotiation style?
Compromising
Contending
Avoiding
Collaborating
3
Which is NOT one of the 5 types of Conflict?
Interest
Value
Financial
Relationship
4
Party interests become the basis for evaluating options in which phase of the mediation?
Exchange
Reaching Resolution
Caucusing
All of the above
5
Which is not a principle of principled negotiation?
Invent options for mutual gain
Separate the people from the problem
Insist on using objective criteria
Focus on positions, not interests
6
which of the follwing is an example of active listening?
eye contact
"yes, go on"
nodding
all of these
7
How is contention manifested in situations governed by structurally created authority?
None of the above
Through the use of less legitimate power, such as bullying
Through the use of legitimate power
Through collaborative negotiation and mediation
8
The final stage of the narrative mediation process involves:
avoiding any resolution
developing shared meanings about the conflict and its solutions
enforcing one party's perspective
maintaining the original dominant storylines
9
What is Frame of Reference
The location that you negotiate
How you see things
What you put a painting in
An observers perspective of an event
10
The private caucus is characterized by:
A break where the parties discuss the case among themselves
The mediator discussing the case with a judge
A meeting between both parties and the mediator
The mediator meeting individually with each party
11
What is Caucusing?
Repeating mediation decisions
Separating the disputing parties
Consultation of experts during mediation
Objective examination of the case
12
Why would a mediator's proposal be a barrier to mediation?
It's a binding proposal
Can include an offer already declined
Mediator only takes into account one side
Not created by the parties
13
A culture that values assertiveness, performance, and materialism is considered:
High in power distance
Feminine
Masculine
Collectivist
14
What is another way to say interest-based negotiation?
Principled alternatives
Principled negotiation
Principled fighting
Principled agreements
15
In a private caucus, the mediator might do all of the following EXCEPT:
Explore underlying interests and concerns
Develop a strategy for negotiation
Assess the parties' willingness to compromise
Share confidential information from one party with the other party
16
What is yielding in conflict resolution?
None of the above
Forcing a weaker party to comply with the wishes of the stronger
Attacking the other party's position and defending one's own
Giving up one's interest in favor of the other party's interest
17
Jeff Kottler suggests that a conflict can be all of the following except:
promote growth
create shared interests
create a path to intimacy
release tension
18
What is the role of the Red Hat in Six Hats Thinking?
It concerns facts we know or need to know
It is creative - new ideas or possibilities
It concerns what we feel about an idea
It controls the Six Hats process
19
Which is associated with Cooperative Problem solving?
Procedural Rules
Zero Sum
Objective Fact Finding
Interest Based
20
Reframing involves helping the client see _______.
How events affect their subconscious.
An alternative meaning to part of their story.
All of the above are equally true!
A more practical approach to their problem.
21
What is non verbal communication ?
Body language, tone and appearance
Gestures, proximity and environment
Facial expressions, eye contact, whispers
Eye contact, facial expression , gestures , posture and distance
22
The 2nd stage of the Coleman-Raider model requires the giving of opening bids which require all the following except:
that each party states his or her position flexibly in turn
that information may be exchanged to explain each party’s perspective
that each party states his or her position flexibly in turn
that each party sets a “take it or leave it” position for important goals
23
Which of the following is an example of a rights-based process for resolving conflict?
A negotiation between disputing parties
A compromise reached through mediation
A physical fight between two parties
A judge making a decision in a legal case
24
What are the factors that a mediator should be aware of when caucusing?
Location of a caucus
Duration of a caucus
All of the above
Maintaining neutrality
25
When would a mediator NOT suggest caucusing to disputants?
When hostility is escalating
When a mediator wants to give personal advice
When a disputant disrespects the ground rules
When there's a prolonged silence
26
________ bargaining is negotiation that seeks to divide a fixed amount of goods or services.
Integrative
Distributive
Reflective
Oppositional
27
Which of the following is NOT a structural Conflict?
Unequal power and authority
Disagreement about the Information
Geographic, physical, or environmental factors that hinder cooperation
Unequal control
28
Foundation myths within a culture serve to:
provide historically accurate information
create a rigid belief system
clarify the culture and define its members
establish universal truths
29
What is a paradigm shift?
A change in your belief about something
The shift of money
When a paraplegic walks
A slight movement
30
What doe NOT happen in Pre-Mediation?
A consideration of where and when the mediation will take place
A consideration of how long is needed
A consideration of the strength of the parties positions
a consideration of power imbalances
31
The 5 conflict handling styles are:
Avoiding Accommodating Competing Collaborating Compromising
Lose-lose, Lose-win, Win-lose, Win-win,
Accommodation Losing Winning Trying Conceding
Withdrawing, Not caring, Fighting, Agreeing, Cooperating
32
In a mediation scenario, what is each party given an opportunity to do?
Demand their position be respected
Fully explain his or her position
Invite legal experts to weigh in on their positions
Demand restitution
33
What are methods of managing conflict?
try to compromise
get your bf to fight them
compromise, accommodate, avoid, force, collaborate
avoid, block party, whinge to everyone
34
What type of intervention is recommended for relationship conflicts?
Changing the physical and environmental relationship of parties
Clearly defining roles
Reallocating ownership or control of resources
Legitimizing feelings and providing a process to do so
35
Which of the following is a characteristic of a culture with low uncertainty avoidance?
Dislike ambiguity and conflict
Prioritize security and safety
Seek stability and predictability
Tolerate ambiguity better
36
Which of the following is NOT one of the stages of Mediation?
Issue elaboration
Interest determination
Preparation
Examination
37
Which style of mediation focuses on helping the parties solve their own problems?
Phosphorylative
Transformative
Facilitative
Evaluative
38
In structural conflicts, what is a possible intervention?
Clarifying what the parties want
Focusing on the effects of the conflict
Encouraging positive problem-solving attitudes
Replacing destructive behavior patterns
39
The components of Emotional Intelligence are:
self-awareness, earning money, being a leader and management
catastrophes, significant life changes and everyday inconveniences
self-awareness, self-management, social awareness & relationship management
self-management, management of others, self-awareness and hard work
40
Which of the following is NOT one of the Four Responses to Conflict?
Ignoring
Cooperating
Yielding
Negotiating
41
The Hero's Journey, as described by Joseph Campbell (1972), involves a protagonist:
achieving success without any struggle
facing their deepest fears and emerging victorious
avoiding all conflict and danger
refusing to confront any obstacles
42
Finding a win-win in bargaining over a collective agreement is called
attitudinal bargaining
distributive bargaining
intra-organizational bargaining
integrative bargaining
43
Which is not one of the three types of personal power mediators use?
Reward Power
Referent Power
Information Power
Legitimate Power
44
In narrative mediation, externalizing conversations involve:
focusing on the mediator's perspective
ignoring the problem
reinforcing existing beliefs
separating the person from the problem
45
Which type of mediation does not exist?
Facilitative
Formative
Evaluative
Transformative
46
What type of conflict arises when people have different criteria for valuing ideas or behavior or have goals based on mu
Data conflicts
Relationship conflicts
Value conflicts
Interest conflicts
47
Which of the following best describes a Mediator
A neutral decision maker
A neutral negotiator
A neutral helper
A neutral lawyer
48
Which of the following best describes a Mediator
A neutral lawyer
A neutral helper
A neutral negotiator
A neutral decision maker
49
What is the underlying proposition in collaboration?
To use discussion, determination, and understanding of each other's interes
The notion that human desires are without limit
To create an adversarial combat and the resulting winner and loser
The use of legitimate power to enforce compliance
50
What is the percentage of communication that is NON VERBAL
over 90 percent
70-80 perecent
60-70 percent
50-60 percent
51
Which of the following is NOT a benefit of Mediation?
can result in a resolution tailored to the needs of the parties
helps to preserve the relationship between the parties
is less expensive and quicker
It ensures that a settlement can be reached
52
What is the formalized adversarial nature of court action based on?
The notion of reciprocation in the future
The use of less legitimate power, such as bullying
The incorporation of each party's underlying interests in the solution
The strength of one's rights
53
When considering potential differences in negotiation, which of the following should be considered?
The location of the negotiation
The style of clothing worn during the negotiation
The size of the negotiating team
Substantive issues versus relationship
54
Which one of these is not a Power-based approaches for dealing with conflict
Going to Court
Blocking the way
Firing someone
Military Action
55
Paraphrasing does
NOT
involve
Offering examples for the speaker's assertions
Summarizing what the speaker has said
Removing distractions
Finding out if you understand the speaker clearly
56
What are the four responses to conflict according to Rubin, Pruitt, and Kim (2004)?
Ignoring, yielding, arguing, cooperative problem solving
Ignoring, yielding, contending, cooperative problem solving
Ignoring, compromising, contending, cooperative problem solving
Ignoring, yielding, contending, compromising
57
Rights-based methods of solving conflict have which of the following aspects?
Working on shared interests
Third party with binding decision-making power
Cooperating to get a win win solution
Ignoring the conflict
58
The objective of both parties in distributive bargaining is to obtain as much of
bargaining range
target point
aspiration point
bargaining mix
59
To show that you’re listening you should
think what you are going to say next
use minimal encouragers
call the person sir or maam
Stand up in the Class and yell "I hear you Roger"
60
Which of the following is not a strength of mediation
Without publicity
Confidential
Informal
Not binding
61
What is Kinesics?
The study of touch
The study of time and space
The study of movement and gestures
The study of verbal communication
62
Which is NOT one of the purposes of the Six Thinking Hats?
Handle group discussions efficiently
Look at a problem from different angles
Reduce conflict and the ego
Remove emotions from the discussion
63
Being overconfident in a mediation can do what?
Move things along quickly
Cloud your judgment
Prepare your client for court
Show the mediator you care
64
The opposite of a collaborative relationship is a / an
Mutually beneficial relationship
Friendly relationship
Adversarial relationship
Cooperative relationship
65
Negotiation, mediation, and arbitration are all...
Done during the trial
Apply to criminal law
Big law words
Alternative Dispute Resolutions
66
According to Moore (2014), which type of conflict is caused by misperception and stereotyping?
Structural conflicts
Interest conflicts
Relationship conflicts
Data conflicts
67
Principled Negotiation focuses on all except...
Focus on interests, not positions.
Generate a variety of possibilities before deciding what to do.
Insist that the result be based on some objective standard.
Encourages competition
68
Cognitive dissonance refers to a condition in which a person:
easily changes their beliefs
completely rejects new information
is indifferent to conflicting ideas
holds two contradictory ideas simultaneously
69
To settle a conflict by agreeing to give up something
tradeoff
compromise
resolve
resolution
70
The four elements of the principled negotiation method are ______
Interaction, communication, place, options.
People, interactions, options and criteria.
People, interests, options and criteria.
Purpose, intervention, opinions and criteria.
71
The type of position power that controls and transmits information and resources is
informational power
legitimate power
reward power
coercive power
72
A successful mediator has learned how to:
Recognize a problem person when he meets one
Ignore most of what the participants say
Separate the people from the problems
Out talk the participants
73
Gender is a:
Culturally constructed concept
Universally understood concept
Biologically determined concept
Static and unchangeable concept
74
Which of the following are examples of interest-based processes?
Arbitration
Avoidance
Litigation
Negotiation
75
Mediation is inappropriate for:
Those wishing to appeal the outcome
Where independent legal advice is required
All of the above
Participants with mental health concerns
76
Which of these four points is NOT part of principled bargaining, according to Fisher and Ury?
Create options for mutual gain
Separate the people from the problem
Prepare your bottom line and walk-aways
Insist on using objective criteria
77
What kind of bargaining is searching for mutually profitable options and tradeoffs where both parties reach satisfaction
Arbitrary
Integrative
Alternative
Distributive
78
The most common type of mediation is
transformative
narrative
evaluative
facilitative
79
In the Six Hat Thinking Method, what does the Black Hat do?
Provides the negatives of an idea
Provides data about the assignment given
Provides the positives and the negatives of an idea
Provides new ideas and creativity
80
Which of the following may constitute a response to conflict:
complaining
contending
annoying
evolving
81
Proxemics is...
the name of an adult drink
nonverbal messages given by facial expressions and posture
the same for everyone
personal space between yourself and someone else
82
Which of the following is Mediation
resolution between the parties alone
resolution by a third party
resolution with the assistance of a neutral third party
resolution by a judge
83
Paraphrasing is
Both
Summarizing what another person says
Talking about something different
Neither
84
What is transformative mediation?
Cheapens litigation by transforming it to candid meeting
Mediator provides expert advice
Helps parties to transform their understanding of a problem
Facilitates parties to solve their own problems
85
According to de Bono, what is one consequence of polarization in arguments?
Creative energy is directed towards improving one's position
Creative energy is directed towards justifying one's position
Creative energy is directed towards avoiding conflict
Creative energy is directed towards compromise
86
Distributive negotiation
depends on the meeting site
share the profit
is not easy to recognize
means you will increase the outcomes
87
One useful way to ROUTINELY use reframing is to help clients.... _______.
Two of these
...see your expert opinion on the subject.
....feel better when they are upset.
...see an alternate meaning of part of their story
88
Which method of listening is positive?
Mirroring
Spacing
Probing
Advising
89
The two general approaches to negotiation are ________ bargaining and ________ bargaining.
distributive; integrative
emotional; rational
affective; reflective
formal; informal
90
Which one is NOT a contentious tactic
Guilt Trip
Threat
Persuasive Argument
Revocable Commitment
91
Which one is not one of the preparations steps used by mediators before a mediation session?
Arranging the room
Introductions
Setting Up
Seating
92
What is the perception bias?
interprets how we gather and analyze information about a group/person
The tendency to have a positive bias towards a group/person
the tendency to form simple stereotype about a certain group/person
the tendency to have a negative bias against a group/person
93
The mediator will always remain neutral:
Only if the parties request neutrality at the onset
Regardless of his/her personal feelings
Unless he/she has already picked a winner
Depending on which party selected his/her services
94
Marylyn Ferguson says we can change our minds in four basic ways. Which of the following is one of these ways?
Paradigm Change
Incremental Change
Pendulum drop
Strong Argument
95
Which of the following is not a barrier to mediation?
Misunderstanding of the process
Time of day
Choice of mediator
Differences in cultures
96
The final agreement should be:
Biased in favor of one party
Focused only on the legal aspects of the dispute
Mutually satisfactory for both parties
Imposed by the mediator
97
Conflicts tend to escalate in terms of:
Complexity
Size
All of the above
Intensity
98
What is contending in conflict resolution?
Collaborating with the other party to find a mutually satisfactory solution
None of the above
Attacking the other party's position and defending one's own
Giving up one's interest in favor of the other party's interest
99
Which is not a principle of Individualism?
Individual Rights and Freedoms
Private Property
Cooperation
Economic Freedom
100
What is conflict?
A lot of fun to be apart of
Having lunch with Roger Batchelor
A disagreement about ideas, facts, values, opinions
Rainbows and butterflies
