ADR Mediation & Negotiation Techniques 3 — Questions and Answers
Question 1: What is the 'Zone of Possible Agreement' (ZOPA) in negotiation?
- The range of outcomes both parties would prefer over no deal (Correct answer)
- The mediator's proposed settlement range
- The set of issues excluded from negotiation
- The legal boundary within which settlement must fall
Correct answer: The range of outcomes both parties would prefer over no deal
ZOPA is the overlap between each party's reservation points — the space where a mutually acceptable deal can exist.
Question 2: A mediator practicing 'evaluative mediation' differs from a facilitative mediator because the evaluative mediator:
- Never meets with parties privately
- Assesses the strengths of each side and predicts likely court outcomes (Correct answer)
- Focuses exclusively on emotional healing between parties
- Refuses to share opinions on the merits of the dispute
Correct answer: Assesses the strengths of each side and predicts likely court outcomes
Evaluative mediators provide assessments of legal merit and likely adjudicative outcomes to move parties toward settlement.
Question 3: Which of the following is an example of an 'anchoring' tactic in negotiation?
- Offering a high first bid to set the reference point for the negotiation (Correct answer)
- Refusing to make the first offer to gain informational advantage
- Asking open-ended questions to uncover the other party's interests
- Proposing to split the difference on all disputed issues
Correct answer: Offering a high first bid to set the reference point for the negotiation
Anchoring involves making the first offer at an extreme point, pulling the final agreement toward that number.
Question 4: Which mediator behavior violates the principle of mediator neutrality?
- Meeting privately with each party during caucus
- Using different communication styles for each party
- Privately expressing a strong preference for one party's position (Correct answer)
- Summarizing the agreements reached at the end of a session
Correct answer: Privately expressing a strong preference for one party's position
Neutrality requires the mediator to remain impartial; privately favoring one party's position is a fundamental breach of this duty.
Question 5: The Harvard Negotiation Project recommends separating people from the problem primarily to:
- Allow each party to negotiate without their attorney present
- Prevent emotional reactions from blocking resolution of substantive issues (Correct answer)
- Ensure the mediator controls all interpersonal communication
- Focus solely on legal rights rather than human interests
Correct answer: Prevent emotional reactions from blocking resolution of substantive issues
Separating people from the problem means addressing relational dynamics and emotions separately so they don't derail problem-solving.
Question 6: In a multi-party mediation, managing 'coalition dynamics' refers to:
- Combining all parties into a single negotiating team
- Recognizing and navigating alliances that form among subsets of parties (Correct answer)
- Preventing any party from speaking privately with another
- Assigning each party equal time to present their position
Correct answer: Recognizing and navigating alliances that form among subsets of parties
In multi-party disputes, subgroups often form alliances that affect bargaining power and must be actively managed by the mediator.
Question 7: A negotiator who makes large concessions early in bargaining risks:
- Reaching a faster but equally beneficial settlement
- Signaling weakness and raising the other party's aspirations (Correct answer)
- Violating ethical standards of good faith negotiation
- Creating an anchor that benefits their position
Correct answer: Signaling weakness and raising the other party's aspirations
Early large concessions may be interpreted as a sign of desperation, prompting the other side to hold firm and demand further concessions.
ADR Mediation & Negotiation Techniques 3
What is the 'Zone of Possible Agreement' (ZOPA) in negotiation?