ADR Mediation & Negotiation Techniques 2 — Questions and Answers
Question 1: What does the term 'BATNA' stand for in negotiation theory?
- Best Alternative To a Negotiated Agreement (Correct answer)
- Basic Approach To Neutral Arbitration
- Bilateral Agreement Through Neutral Arbitration
- Best Attempt To Negotiate Amicably
Correct answer: Best Alternative To a Negotiated Agreement
BATNA, coined by Fisher and Ury, refers to the best outcome a party can achieve if negotiations fail and no deal is reached.
Question 2: In transformative mediation, the mediator's primary goal is to:
- Reach a binding settlement as quickly as possible
- Empower parties and recognize each other's perspectives (Correct answer)
- Propose creative solutions to break impasse
- Evaluate the legal merits of each side's position
Correct answer: Empower parties and recognize each other's perspectives
Transformative mediation focuses on shifting party interaction toward empowerment and mutual recognition rather than just reaching a deal.
Question 3: A mediator who uses 'caucus' sessions is:
- Holding a joint session with all parties present
- Meeting privately with each party separately (Correct answer)
- Consulting with co-mediators before continuing
- Bringing in a neutral expert to evaluate claims
Correct answer: Meeting privately with each party separately
A caucus is a private, confidential meeting between the mediator and one party, used to explore sensitive issues or test positions.
Question 4: Which negotiation style is characterized by finding mutually beneficial solutions rather than splitting differences?
- Distributive negotiation
- Positional bargaining
- Integrative negotiation (Correct answer)
- Competitive negotiation
Correct answer: Integrative negotiation
Integrative negotiation (interest-based bargaining) seeks to expand the pie by identifying shared and compatible interests.
Question 5: When a mediator summarizes what each party has said during a session, this technique is called:
- Reframing
- Active listening and reflection (Correct answer)
- Reality testing
- Agenda setting
Correct answer: Active listening and reflection
Active listening and reflection involve summarizing parties' statements to confirm understanding and demonstrate that they have been heard.
Question 6: Which concept describes the minimum outcome a party is willing to accept before walking away from negotiations?
- ZOPA
- BATNA
- Reservation point (Correct answer)
- Anchor offer
Correct answer: Reservation point
The reservation point (or walk-away point) is the threshold below which a party prefers no deal over accepting the proposed terms.
Question 7: In mediation, the technique of 'reframing' is used to:
- Impose a legal framework on the dispute
- Change the way a party's statement is presented to reduce conflict (Correct answer)
- Force parties to restate their opening positions
- Summarize the mediator's proposed settlement
Correct answer: Change the way a party's statement is presented to reduce conflict
Reframing involves restating a party's message in neutral or forward-looking language to reduce defensiveness and open dialogue.
ADR Mediation & Negotiation Techniques 2
What does the term 'BATNA' stand for in negotiation theory?