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ADR Review For Final Test
ADR Review For Final Test
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Review for Final Test
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100 cards
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Questions
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Answers
1
What is another way to say interest-based negotiation?
Principled negotiation
Principled alternatives
Principled agreements
Principled fighting
2
Principled Negotiation focuses on all except...
Encourages competition
Generate a variety of possibilities before deciding what to do.
Focus on interests, not positions.
Insist that the result be based on some objective standard.
3
What is the best definition of Negotiation?
A resolution process involving a third party decision maker
A process involving court
A problem solving process that involves a neutral third party
A problem-solving process in which parties discuss their differences
4
Which one of the following is a benefit for mediators of being a member of a professional association?
ability to meet new people for dating
discounted group rates for practice insurance
access to assistance with the provincial regulations
ability to gain the certification required for the family mediation program
5
Which mediation method is described below?
Persuasive Mediation
Evaluative Mediation
Settlement Mediation
Facilitative Mediation
6
To settle a conflict by agreeing to give up something
resolve
resolution
tradeoff
compromise
7
At the start of negotiation, check your counterpart's...
... identity card. Are they really who they say they are?
... decision-making authority. What can he/she decide on their own?
... shoes. Dirty shoes are a sign of dishonesty.
... facial expression. Is it trustworthy?
8
Reframing involves helping the client see _______.
How events affect their subconscious.
A more practical approach to their problem.
All of the above are equally true!
An alternative meaning to part of their story.
9
Which of these four points is NOT part of principled bargaining, according to Fisher and Ury?
Separate the people from the problem
Prepare your bottom line and walk-aways
Insist on using objective criteria
Create options for mutual gain
10
The Win-Win approach to Conflict Resolution - textbook answer
Collaboration
Compromise
Compassionate Curiosity
Accommodating
11
What are methods of managing conflict?
compromise, accommodate, avoid, force, collaborate
avoid, block party, whinge to everyone
try to compromise
get your bf to fight them
12
What are the factors that a mediator should be aware of when caucusing?
Duration of a caucus
Maintaining neutrality
Location of a caucus
All of these
13
Which one of these is not a Power-based approaches for dealing with conflict
Blocking the way
Military Action
Firing someone
Going to Court
14
One useful way to ROUTINELY use reframing is to help clients.... _______.
....feel better when they are upset.
Understand that Roger is the BEST teacher!
...see an alternate meaning of part of their story
...see your expert opinion on the subject.
15
The type of position power that controls and transmits information and resources is
coercive power
reward power
informational power
legitimate power
16
What percentage of emotional meaning are communicated through nonverbal cues?
B. 93%
C. 7%
D. I'm not sure
A. 38%
17
Paraphrasing is
Talking about something different
Both
Neither
Summarizing what another person says
18
What kind of bargaining is searching for mutually profitable options and tradeoffs where both parties reach satisfaction
Arbitrary
Alternative
Integrative
Distributive
19
Minimal encouragers show that you're listening.
False
True
20
Non verbal communication
Body language
Voice quality, rate, pitch and volume
Sending and receiving wordless clues
Eye contact
21
Which of the following is NOT one of the Four Responses to Conflict?
Cooperating
Ignoring
Negotiating
Yielding
22
What is Caucusing?
Consultation of experts during mediation
Separating the disputing parties
Repeating mediation decisions
Objective examination of the case
23
A successful mediator has learned how to:
Out talk the participants
Recognize a problem person when he meets one
Ignore most of what the participants say
Separate the people from the problems
24
Proxemics is...
nonverbal messages given by facial expressions and posture
personal space between yourself and someone else
the same for everyone
the name of an adult drink
25
What is the role of the Red Hat in Six Hats Thinking?
It controls the Six Hats process
It concerns what we feel about an idea
It concerns facts we know or need to know
It is creative - new ideas or possibilities
26
Which of the following may constitute a response to conflict:
evolving
annoying
contending
complaining
27
Which one of these is one of the four primary purposes of mediation codes of conduct?
Protection from lax standards
building and preserving value.
creating a unified mediation process
standardizing mediator's rates
28
Finding a win-win in bargaining over a collective agreement is called
distributive bargaining
intra-organizational bargaining
attitudinal bargaining
integrative bargaining
29
Which of the following organizations has created a code of ethical conduct?
The Canada Mandatory Mediation Program
The Canadian Bar Association
All of these
The ADR Society of Ontario
30
Mediation is inappropriate for:
Those wishing to appeal the outcome
Participants with mental health concerns
Where independent legal advice is required
All of the above
31
The two general approaches to negotiation are ________ bargaining and ________ bargaining.
B) affective; reflective
C) distributive; integrative
D) formal; informal
A) emotional; rational
32
Which is NOT one of the 5 types of Conflict?
Value
Interest
Relationship
Financial
33
Which of the following best describes a Mediator
A neutral helper
A neutral negotiator
A neutral decision maker
A neutral lawyer
34
When would a mediator NOT suggest caucusing to disputants?
When a mediator wants to give personal advice
When there's a prolonged silence
When hostility is escalating
When a disputant disrespects the ground rules
35
The four elements of the principled negotiation method are ______
Purpose, intervention, opinions and criteria.
People, interests, options and criteria.
Interaction, communication, place, options.
People, interactions, options and criteria.
36
How is the practice of Mediation regulated in Ontario?
Regulated through the Dispute Resolution Centre of Ontario
There are no formal regulations
Regulated by the ADR Society of Ontario
Regulated by the ADR Association
37
Which mediation method is described below?
Evaluative Mediation
Persuasive Mediation
Settlement Mediation
Facilitative Mediation
38
Why would a mediator's proposal be a barrier to mediation?
Not created by the parties
Can include an offer already declined
Mediator only takes into account one side
It's a binding proposal
39
What is conflict?
A difficult situation
A lot of fun to be apart of
Rainbows and butterflies
A disagreement about ideas, facts, values, opinions
40
What is Frame of Reference
What you put a painting in
An observers perspective of an event
How you see things
The location that you negotiate
41
Mediation is a:
Informal process with an independent party
Formal process with an independent party
Informal process without an independent party
Formal process without an independent party
42
Which is not a principle of Individualism?
Cooperation
Private Property
Economic Freedom
Individual Rights and Freedoms
43
Positional bargaining is the method of negotiation by which
You take a position, argue for it, and make concessions to reach a deal.
Each side attempts to deceive the other side.
People refuse to negotiate.
Each side negotiates from opposites sides of the table.
44
Which of the following is not a barrier to mediation?
Time of day
Differences in cultures
Misunderstanding of the process
Choice of mediator
45
Marylyn Ferguson says we can change our minds in four basic ways. Which of the following is one of these ways?
Pendulum drop
Paradigm Change
Strong Argument
Incremental Change
46
There are 3 approaches to mediation. Evaluative, transformative and________.
negotiation
facilitative
imperative
transactional
47
The components of Emotional Intelligence are:
self-awareness, self-management, social awareness & relationship management
self-management, management of others, self-awareness and hard work
self-awareness, earning money, being a leader and management
catastrophes, significant life changes and everyday inconveniences
48
In conflict, an interest is:
The physical, emotional and social parts of the problem
what you have in your heart
a hobby
money earned on your account
49
The 5 conflict handling styles are:
Avoiding Accommodating Competing Collaborating Compromising
Withdrawing, Not caring, Fighting, Agreeing, Cooperating
Accommodation Losing Winning Trying Conceding
Lose-lose, Lose-win, Win-lose, Win-win,
50
Paraphrasing does
NOT
involve
Offering examples for the speaker's assertions
Removing distractions
Summarizing what the speaker has said
Finding out if you understand the speaker clearly
51
Conflict can be positive because
it results in increase productivity
it lowers employee morale
it can lower communication skills
it can lead to positive changes in work practices
52
Which style of mediation focuses on helping the parties solve their own problems?
Transformative
Facilitative
Evaluative
Phosphorylative
53
Rights-based methods of solving conflict have which of the following aspects?
Ignoring the conflict
Working on shared interests
Cooperating to get a win win solution
Third party with binding decision-making power
54
What is the perception bias?
interprets how we gather and analyze information about a group/person
the tendency to have a negative bias against a group/person
the tendency to form simple stereotype about a certain group/person
The tendency to have a positive bias towards a group/person
55
What is the Six Thinking Hats method particularly good for?
considering the bigger picture
decision making and problem solving
making yourself think the same way all the time
making irrational decisions
56
Which is not one of the three types of personal power boundary spanners use?
Referent Power
Information Power
Legitimate Power
Reward Power
57
Which of the following is usually not included in the Agreement to Mediate?
Termination of mediation
The role of lawyers and the need for independent legal advice
A proscription against compelling the mediator to testify
The parties position on the issue
58
Jeff Kottler suggests that a conflict can be all of the following except:
create shared interests
promote growth
create a path to intimacy
release tension
59
________ bargaining is negotiation that seeks to divide a fixed amount of goods or services.
Integrative
Distributive
Reflective
Oppositional
60
What is active listening ?
Looking elsewhere
Asking questions to clarify what's being said
Closing eyes, while thinking of pizza
Thinking of a "Comeback"
61
What doe NOT happen in Pre-Mediation?
A consideration of how long is needed
A consideration of where and when the mediation will take place
a consideration of power imbalances
A consideration of the strength of the parties positions
62
What is transformative mediation?
Helps parties to transform their understanding of a problem
Cheapens litigation by transforming it to candid meeting
Facilitates parties to solve their own problems
Mediator provides expert advice
63
What is Kinesics?
The study of touch
The study of verbal communication
The study of time and space
The study of movement and gestures
64
Which type of mediation does not exist?
Formative
Evaluative
Transformative
Facilitative
65
Which of the following is Mediation
resolution with the assistance of a neutral third party
resolution by a judge
resolution by a third party
resolution between the parties alone
66
Which one is NOT a contentious tactic
Threat
Persuasive Argument
Guilt Trip
Revocable Commitment
67
Interpersonal Conflict means...
Difference between people who perceive their goals as incompatible.
Agreeing with one or more than one person.
Agreeing partly with one or more than one person.
None of the above .
68
Of the following amounts, which is the highest rate that a Mediator in private practice may charge for a 3-hour session
100,000
$1,000,000
$600
10,000
69
The opposite of a collaborative relationship is a / an
Cooperative relationship
Adversarial relationship
Divorce from Roger Batchelor
Friendly relationship
70
The objective of both parties in distributive bargaining is to obtain as much of
bargaining mix
bargaining range
aspiration point
target point
71
In the Six Hat Thinking Method, what does the Black Hat do?
Provides data about the assignment given
Provides new ideas and creativity
Provides the positives and the negatives of an idea
Provides the negatives of an idea
72
Which one is not one of the preparations steps used by mediators before a mediation session?
Arranging the room
Setting Up
Introductions
Seating
73
Which of the following is NOT a benefit of Mediation?
It ensures that a settlement can be reached
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
74
The most common type of mediation is
evaluative
transformative
facilitative
narrative
75
When making eye contact it is important to _______
look at the other person frequently
look around the room
stare at the other person
stare at the floor
76
Using a third party to settle a conflict or negotiation is...
Settlement
Negotiation
Compromising approach
Mediation
77
Which is NOT one of the purposes of the Six Thinking Hats?
Look at a problem from different angles
Reduce conflict and the ego
Handle group discussions efficiently
Remove emotions from the discussion
78
Paraphrasing shows...
shows that you understand what the person is saying
all of these
that you are listening to what the person is saying
shows respect during the conversation
79
Being overconfident in a mediation can do what?
Cloud your judgment
Move things along quickly
Prepare your client for court
Show the mediator you care
80
which of the follwing is an example of active listening?
all of these
nodding
eye contact
"yes, go on"
81
Which of the following are examples of interest-based processes?
Avoidance
Arbitration
Litigation
Negotiation
82
Distributive negotiation
is not easy to recognize
share the profit
means you will increase the outcomes
depends on the meeting site
83
Which of the following is NOT a Mediation Roster you will find in Ontario?
Superior Court Mediation Roster
Estate Mediation Program
Small Claims Court Mediation Program
Family Court Mediation Roster
84
The reason some disagreements require the use of a mediator is _____.
one person is right and the other is wrong
the disagreement is easy to resolve
mediator can listen to the issue and provide a simple answer
a mediator can help each person move through the process
85
Active listening is
Ignoring someome talking.
Looking at your cell phone while listening to someone talk
Listening & responding to another person that improves understanding
Not making eye contact
86
Active listening includes...
making eye contact
stating your opinion
both making eye contact and nodding your head
nodding your head in understanding
87
Which is not a principle of principled negotiation?
Invent options for mutual gain
Insist on using objective criteria
Separate the people from the problem
Focus on positions, not interests
88
Which is associated with Cooperative Problem solving?
Interest Based
Objective Fact Finding
Procedural Rules
Zero Sum
89
What is a paradigm shift?
When a paraplegic walks
A change in your belief about something
The shift of money
A slight movement
90
Which of the following is not a strength of mediation
Without publicity
Not binding
Informal
Confidential
91
Negotiation, mediation, and arbitration are all...
Big law words
Done during the trial
Apply to criminal law
Alternative Dispute Resolutions
92
What is non verbal communication ?
Body language, tone and appearance
Gestures, proximity and environment
Facial expressions, eye contact
Eye contact, facial expression , gestures , posture and distance
93
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
94
Which of the following is NOT one of the stages of Mediation?
Interest determination
Examination
Preparation
Issue elaboration
95
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
96
Which method of listening is positive?
Mirroring
Spacing
Probing
Advising
97
Party interests become the basis for evaluating options in which phase of the mediation?
All of the above
Exchange
Caucusing
Reaching Resolution
98
What is the percentage of communication that is NON VERBAL
over 90 percent
50-60 percent
60-70 percent
70-80 perecent
99
Which of the following is NOT a choice for professional practice as a mediator
Restorative Justice
School Board
Community Protection
Generalist
100
The distributive view of negotiation is the traditional fixed-pie approach.
False
True
