ADR Mediation & Negotiation Techniques 3

Question 1

What is the 'Zone of Possible Agreement' (ZOPA) in negotiation?

Accepted Answer

The range of outcomes both parties would prefer over no deal

Answer

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:

Accepted Answer

Assesses the strengths of each side and predicts likely court outcomes

Answer

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?

Accepted Answer

Offering a high first bid to set the reference point for the negotiation

Answer

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?

Accepted Answer

Privately expressing a strong preference for one party's position

Answer

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:

Accepted Answer

Prevent emotional reactions from blocking resolution of substantive issues

Answer

Separating people from the problem means addressing relational dynamics and emotions separately so they don't derail problem-solving.

(ADR) Alternative Dispute Resolution Certification Practice Test