ADR Resolution Strategies & Communication Skills 2 — Questions and Answers
Question 1: Which communication technique involves restating the speaker's message in your own words to confirm understanding?
- Reframing
- Paraphrasing (Correct answer)
- Summarizing
- Mirroring
Correct answer: Paraphrasing
Paraphrasing repeats the speaker's content in the listener's own words to verify accurate understanding.
Question 2: In interest-based negotiation, the primary focus is on:
- Legal rights of each party
- Underlying needs and motivations (Correct answer)
- Positional demands
- Historical grievances
Correct answer: Underlying needs and motivations
Interest-based negotiation moves beyond stated positions to explore the underlying needs and motivations driving each party.
Question 3: A mediator uses 'caucus' when:
- Both parties agree on all issues
- A joint session becomes unproductive or emotionally volatile (Correct answer)
- The mediator needs to write the final agreement
- Legal counsel must be consulted
Correct answer: A joint session becomes unproductive or emotionally volatile
A caucus is a private meeting with one party, used when joint sessions become counterproductive or when confidential information must be explored.
Question 4: Which listening barrier occurs when a listener formulates a response while the speaker is still talking?
- Filtering
- Premature evaluation
- Mental rehearsal (Correct answer)
- Selective attention
Correct answer: Mental rehearsal
Mental rehearsal means the listener is preparing their reply rather than fully absorbing the speaker's message.
Question 5: The 'BATNA' concept is most useful in ADR because it:
- Sets the opening offer in negotiation
- Defines the zone of possible agreement
- Clarifies each party's walk-away alternative (Correct answer)
- Establishes the mediator's authority
Correct answer: Clarifies each party's walk-away alternative
BATNA (Best Alternative to a Negotiated Agreement) tells a party how strong their position is if talks fail, informing their decision to accept or reject proposals.
Question 6: Which strategy is most effective when parties are deeply entrenched in opposing positions?
- Positional bargaining
- Issue framing and reframing (Correct answer)
- Increasing legal pressure
- Delaying further sessions
Correct answer: Issue framing and reframing
Reframing shifts the parties' perspective, helping them move from rigid positions to exploring shared interests and potential solutions.
Question 7: Open-ended questions in ADR sessions are preferred because they:
- Limit responses to yes or no
- Confirm factual details quickly
- Encourage elaboration and reveal underlying interests (Correct answer)
- Control the direction of the discussion
Correct answer: Encourage elaboration and reveal underlying interests
Open-ended questions invite parties to elaborate, which surfaces interests, concerns, and information that closed questions would miss.
ADR Resolution Strategies & Communication Skills 2
Which communication technique involves restating the speaker's message in your own words to confirm understanding?