Name:________________________

Final Learning Motivator - Dispute Resolution

February 13, 1997

Please show your work clearly in the space provided. Illegible writing will be marked incorrect. If you use the back of a page, indicate that you have done so on the front of the page. Good Luck!

1) Briefly define each of the following terms [2 points each]:

one-text procedure

 

second bite of the apple technique

 

good guy/bad guy routine

 

yes-yes technique

 

heardhearted partner

 

judgmental heuristics

 

Sincerity Rule

 

Priest-Klein Hypothesis

 

threat point

 

2) [6] What are three of the twelve guidelines Fisher and Ury suggest for before, during, or after brainstorming? (These are different from the four steps in inventing options):

a.

b.

c.

 

Circle the one best answer to each multiple choice question below [2 points each].

3) Which of the following was not part of Chris Kubaleís suggested procedure for handling arguments?

a. Take a time out.

b. Use "I" messages: "When you say that, I feel like you donít respect me."

c. Acknowledge feelings: "I feel sad/frustrated/angry/etc."

d. Scrub, run, chop, pound, or knead.

e. Identify the problem: "We have a disagreement."

4) About what percentage of cases that are filed are settled out of court?

a. 90

b. 75

c. 60

d. 50

e. 25

5) Cases that are settled out of court are still a problem because

a. they typically require parties to hire lawyers.

b. they exact a toll on society.

c. they are traumatic and expensive for all parties involved.

d. they can damage reputations.

e. all of the above.

6) In 1977 Egyptís President Sadat flew to the capital of his enemies in Israel. Ury & Fisher offer this trip as an example of which of their recommendations:

a. Allow the other side to let off steam.

b. Speak about yourself, not about them.

c. Donít react to emotional outbursts.

d. Look for opportunities to act inconsistently with their perceptions.

e. Put yourself in their shoes.

7) If the "say stop" game is used to divide a heterogeneous property among two parties with differing tastes, who has the more advantageous position?

a. the divider.

b. the party who prefers the side of the property that the "walker" is walking towards.

c. the party who prefers the side of the property that the "walker" starts on.

d. the chooser.

e. the party who bids most to make the last offer.

8) Which conflict approach is most likely to allow both sides to win?

a. sturdy battler

b. friendly helper

c. conflict avoider

d. compromise seeker.

e. problem solver.

9). When you enter a car dealership to shop for a car, the dealerís BATNA is

a. what she paid for the car.

b. the least another customer is willing to pay for the car.

c. the most she can talk you into paying for the car.

d. lower if you are relatively poor.

e. none of the above.

10) Which of the following is not part of the process for getting the other party to play fair and focus on the merits?

a. Negotiation Jujitsu

b. You yourself focus on the merits.

c. Change the game simply by starting a new one.

d. Bring in a third party.

e. None of the above.

 

11) [3] What do Martin Luther King, Jr., Jesus Christ, and Mohandas Ghandi have in common?

 

 

12) [4] What are two good things achieved by the tool of silence?

i.

ii.

13) [2] What is the difference between the "Community Game" and the "Wall St. Game"?

 

 

14) [2] The most powerful interests are ___________________,
for example, ____________________.

 

15) [8] What four points define a straightforward method of negotiation that can be usd under almost any circumstance?

i.

ii.

iii.

iv.

16) Give an example besides the ones given in the book and in lecture of when and how you might use a lock-in technique. [3 points]?

 

 

 

 

17) What are two of the three ways of regulating product safety according to Viscusi and Scharff? [6]?

a.

b.

c.

18) What was the purpose of the Arbitration Act and how did it attempt to achieve it?[4 points]?

Purpose:

Method:

 

19) [6 points] Specify a good reply to each of the following lines:

"Our insurance company can pay you $5000 to replace your wrecked car."

 

 

"Now that weíve settled on this price, Iíll see if my boss will allow it."

 

 

"We demand that Golda Meir withdraw from every inch of Arab territory."

 

 

20) [2 points] Studies (not covered in class) have found that people are more likely to be soft bargainers or give a stranger money if this technique used. As I pointed out, a retailer used the same technique on Pam during one of our field tips. Name that technique.

 

 

 

21) [6 points] Bargaining involves risks and temptations for unethical behavior. The 1.5 million people in prison/jail remind us that those who think they can get away with something often cannot. What is the role of unethical behavior in negotiations? Are there situations when it is OK to mislead or lie? What mechanisms can be used to reduce temptations and threats of unethical behavior? And what techniques can be used to decide whether our planned position or action is ethical/appropriate? (These are difficult questions, and important ones to think about. If you demonstrate that you can apply some of what you have learned in this class, you are likely to get a good grade.)

 

22) [14 points] Match the description number with the ADR technique:

___ Final-Offer Arbitration

1. 3rd party neutral and panel hear presentations from partiesí attorneys. Neutral then offers opinion and may evaluate strengths and weaknesses of each side.

___ Night Baseball

2. Court annexed procedure aimed at resolving partiesí divergent views of the facts in the case. Makes case less adversarial and enhances the likelihood of settlement.

___ Mini-Trial

3. A panel of three mediators drawn from lists of attorneys evaluates the case and suggests a settlement figure, which becomes the verdict of the court if neither side objects within 60 days.

___ Neutral Listener

4. Combines mediation with an opinion from the mediator as to strengths and weaknesses of positions and settlement ranges or values.

___ Med-Arb

5. Format where more than one mediator is involved. For example, one might be an attorney and another might be an expert in the field in question.

___ Third-Party Consultation

6. Specifically attempts to improve the partiesí relationship by fostering their capacity to resolve the problems at the root of the conflict.

___ Early Neutral Evaluation

7. A case that has been filed in court is referred by the judge to a private third-party neutral for resolution. The decision is treated as the decision of the court, with the remedy of appeal available.

___ Michigan Mediation

8. The first phase is traditional mediation. If mediation does not resolve the impasse, it is referred to binding arbitration.

___ Summary Jury Trial

9. The arbiter chooses an award, and then is told the partiesí last best offers. The offer closest to the arbiterís award becomes the final settlement amount.

___ Neutral Experts

10. Each side offers evidence separately and confidentially to the arbitrator. The award may be in the form of non-elaborated answers to stipulated questions, thereby maintaining secrecy.

___ Op-Med

11. Abbreviated form of a jury trial which provides litigants with an advisory verdict from a jury impaneled from regular jury lists. Criticized for their reduced concern for evidentiary protections.

___ Neutral Fact-Finding

12. Private and informal method appropriate in disputes of a financial nature. A designated neutral investigates a contested factual matter.

___ Private Judging

13. The neutral is appointed by the court and has great leeway in fashioning procedural details, although the method is informal and non-binding. The goal is to expedite the legal process itself.

___ Ex-Parte Adjudication

  1. Neutral privately hears each sideís best offer and advises the parties on the proximity of their offers.